UT SB0316

Courts may order public entities to pay reasonable attorney fees and court costs for officers or employees who successfully defend against criminal charges related to their public employment, if the court finds the public entity acted in bad faith

Applies when criminal charges are quashed, dismissed, or result in acquittal, and the alleged conduct occurred during performance of duties, within scope of employment, or under color of authority

Liable public entities include the employer agency or the prosecuting office (municipal prosecutor, county attorney, district attorney, or attorney general) that pursued the charges

If both the employing entity and prosecuting office acted in bad faith, the court may order each to pay half of the fees and costs

Officers or employees cannot recover fees if found guilty of another violation of law for substantially the same act or omission; effective date is May 6, 2026