TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 6

USURPATION OF OFFICE OR FRANCHISE

6-610A.  Employer furnishing defense for public officer in criminal actions — Requirements. (1) If a criminal action or proceeding is brought against an employee who is a sheriff, constable, peace officer, commissioned officer of the Idaho state police, or any other person charged with the duty of enforcement of the criminal laws of this state, the employer of the employee charged in the criminal action shall reimburse the employee for reasonable expenses the employee incurred in providing his defense in the criminal action if:

(a)  The criminal action or proceeding is brought on account of an act or omission which occurred in the course and scope of the employee’s duties as an employee of the employer; and

(b)  The employee provides his own defense in the criminal action and the employee is found not guilty of the criminal charges or the charges are dropped.

(2)  For the purposes of this section, employer shall mean the state of Idaho or any office, department, agency, authority, commission, board or other instrumentality thereof, and political subdivisions of the state of Idaho including any city, county or municipal corporation.

History:

[6-610A, added 1987, ch. 175, sec. 1, p. 348; am. 1995, ch. 116, sec. 21, p. 398; am. 2000, ch. 469, sec. 16, p. 1466.]