CHAPTER 11. LEGAL DEFENSE OF STATE EMPLOYEES
IC 4-15-11
Chapter 11. Legal Defense of State Employees
IC 4-15-11-1
"Officer or employee of the state"
Sec. 1. As used in this chapter, "officer or employee of the state"
means the following:
(1) An elected official or employee of a state administration,
agency, authority, board, bureau, commission, committee,
council, department, division, institution, office, service, or
other similar body of state government created or established by
law.
(2) A teacher (as defined in IC 20-18-2-22).
The term does not include an employee of a state educational
institution.
As added by P.L.33-1987, SEC.1. Amended by P.L.16-1990, SEC.2;
P.L.1-2005, SEC.63; P.L.2-2007, SEC.46.
IC 4-15-11-2
Representation by attorney general or appointed counsel
Sec. 2. An officer or employee of the state who is charged with a
crime or infraction in the courts of this state or of the United States
or who is the target of a grand jury investigation may not be
represented in those proceedings by the attorney general or by
counsel appointed or provided by the attorney general.
As added by P.L.33-1987, SEC.1.
IC 4-15-11-3
Reimbursement of expenses; applications; approval; payment
Sec. 3. (a) An officer or employee of the state who is charged with
a crime or infraction relating to that individual's acts as an officer or
employee may apply to the budget agency for reimbursement of
reasonable expenses incurred in the officer's or employee's defense
against those charges if all charges have been dismissed or if the
officer or employee has been found not guilty of the charges.
(b) An officer or employee of the state who is the target of a grand
jury investigation relating to that individual's acts in carrying out the
individual's responsibilities as an officer or employee of the state
may apply to the the budget agency for reimbursement of reasonable
expenses incurred by the officer or employee resulting from the
grand jury investigation if the grand jury fails to indict the officer or
employee.
(c) The budget agency may approve reimbursement of reasonable
expenses under this section if:
(1) the officer or employee who was charged with a crime or
infraction or who was the target of a grand jury investigation
retained counsel; and
(2) the expenses for which reimbursement is sought are
reasonable.
(d) Reimbursement payments approved under this section shall be
paid from the state general fund.
As added by P.L.33-1987, SEC.1.
IC 4-15-11-4
Reimbursement of expenses; hearing; questioning of officer or
employee
Sec. 4. The budget agency may act on an application of an officer
or employee for reimbursement under this chapter without a prior
hearing. The budget agency may require an officer or employee
seeking reimbursement to answer questions under oath and provide
any information in connection with the matters that were the subject
of the investigation or charges.
As added by P.L.33-1987, SEC.1.
IC 4-15-11-5
Judicial review
Sec. 5. A decision of the budget agency under this chapter is not
subject to judicial review.
As added by P.L.33-1987, SEC.1.
IC 4-15-11-6
Subrogation
Sec. 6. The state has a right of subrogation in the amount of the
reimbursement for the proceeds of any monetary judgment recovered
by the officer or employee in an action for false arrest, abuse of
process, or malicious prosecution or any other proceeding arising out
of the matters involved in the criminal charges or the proceedings to
enforce a statute defining an infraction.
As added by P.L.33-1987, SEC.1.