Text: HF00360                           Text: HF00362
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 361

Partial Bill History

• Bill Introduced: H.J. 415
• Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 80.37, Code 1997, is amended to read as
  1  2 follows:
  1  3    80.37  REIMBURSEMENT OF DEFENSE COSTS.
  1  4    If a peace officer employed in any division of the
  1  5 department is required to appear before a grand jury to answer
  1  6 for a public offense or is charged with the alleged commission
  1  7 of public offense, based on acts or omissions within the scope
  1  8 of the officer's lawful duty or authority, and no indictment
  1  9 is found and filed by the grand jury against the officer, or
  1 10 the charge is dismissed or the officer is acquitted of the
  1 11 charge, the presiding magistrate or judge shall enter judgment
  1 12 awarding reimbursement to the officer for any costs incurred
  1 13 in appearing before the grand jury or defending against the
  1 14 charge, including but not limited to a reasonable attorney
  1 15 fee, if the court finds the existence of any of the following
  1 16 grounds:
  1 17    1.  The charge was without probable cause.
  1 18    2.  The charge was filed for malicious purposes.
  1 19    3.  The charge was unwarranted in consideration of all of
  1 20 the circumstances and matters of law attending the alleged
  1 21 offense.
  1 22    The officer may apply for review of a failure or refusal to
  1 23 rule or an adverse ruling as to the existence of any of the
  1 24 above grounds concerning the reimbursement of defense costs to
  1 25 a peace officer as provided in this section.  The application
  1 26 shall be to a district judge if the officer is seeking review
  1 27 of the act of a magistrate or district associate judge and it
  1 28 shall be to a different district judge if review is sought of
  1 29 an act of a district judge.  
  1 30                           EXPLANATION
  1 31    This bill provides that a peace officer employed by the
  1 32 department of public safety is entitled to a reimbursement of
  1 33 defense costs if the officer is required to appear before a
  1 34 grand jury to answer for a public offense and no indictment is
  1 35 returned by the grand jury.  In addition, the bill eliminates
  2  1 the requirement that a peace officer seeking reimbursement of
  2  2 defense costs establish that, in addition to having the charge
  2  3 filed against the officer either dismissed or the officer
  2  4 acquitted, the charge was filed without probable cause, filed
  2  5 for a malicious purpose, or was unwarranted.  
  2  6 LSB 2188HH 77
  2  7 ec/jj/8
     

Text: HF00360                           Text: HF00362
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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