TITLE 63.  STATE AFFAIRS IN GENERAL
                         CHAPTER 30.  GOVERNMENTAL IMMUNITY ACT

§ 63-30-2.  Definitions

   As used in this chapter:
   (1) "Claim" means any claim or cause of action for money or damages against a governmental entity or against an employee.
   (2) (a) "Employee" includes a governmental entity's officers, employees, servants, trustees, commissioners, members of a governing body, members of a board, members of a commission, or members of an advisory body, officers and employees in accordance with Section 67-5b-104, student teachers holding a letter of authorization in accordance with Sections 53A-6-103
and 53A-6-104, educational aides, students engaged in providing services to members of the public in the course of an approved medical, nursing, or other professional health care clinical training program, volunteers, and tutors, but does not include an independent contractor.
      (b) "Employee" includes all of the positions identified in Subsection (2)(a), whether or not the individual holding that position receives compensation.
   (3) "Governmental entity" means the state and its political subdivisions as defined in this chapter.
   (4) (a) "Governmental function" means any act, failure to act, operation, function, or undertaking of a governmental entity whether or not the act, failure to act, operation, function, or undertaking is characterized as governmental, proprietary, a core governmental function, unique to government, undertaken in a dual capacity, essential to or not essential to a government or
governmental function, or could be performed by private enterprise or private persons.
      (b) A "governmental function" may be performed by any department, agency, employee, agent, or officer of a governmental entity.
   (5) "Injury" means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to his person, or estate, that would be actionable if inflicted by a private person or his agent.
   (6) "Personal injury" means an injury of any kind other than property damage.
   (7) "Political subdivision" means any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district, or other governmental subdivision or public corporation.
   (8) "Property damage" means injury to, or loss of, any right, title, estate, or interest in real or personal property.
   (9) "State" means the state of Utah, and includes any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state.

§ 63-30-3.  Immunity of governmental entities from suit

   (1) Except as may be otherwise provided in this chapter, all governmental entities are immune from suit for any injury which results from the exercise of a governmental function, governmentally-owned hospital, nursing home, or other governmental health care facility, and from an approved medical, nursing, or other professional health care clinical training program conducted in either public or private facilities.
(2) (a) For the purposes of this chapter only, the following state medical programs and services performed at a state-owned university hospital are unique or essential to the core of governmental activity in this state and are considered to be governmental functions:
      (i) care of a patient referred by another hospital or physician because of the high risk nature of the patient's medical condition;
      (ii) high risk care or procedures available in Utah only at a state-owned university hospital or provided in Utah only by physicians employed at a state-owned university acting in the scope of their employment;
      (iii) care of patients who cannot receive appropriate medical care or treatment at another medical facility in Utah; and
      (iv) any other service or procedure performed at a state-owned university hospital or by physicians employed at a state-owned university acting in the scope of their employment that a court finds is unique or essential to the core of governmental activity in this state.
   (b) If any claim under this subsection exceeds the limits established in Section 63-30-34, the claimant may submit the excess claim to the Board of Examiners and the Legislature under Title 63, Chapter 6.
(3) The management of flood waters and other natural disasters and the construction, repair, and operation of flood and storm systems by governmental entities are considered to be governmental functions, and governmental entities and their officers and employees are immune from suit for any injury or damage resulting from those activities.
(4) Officers and employees of a Children's Justice Center are immune from suit for any injury which results from their joint intergovernmental functions at a center created in Title 62A, Chapter 4a.

§ 63-30-4.  Act provisions not construed as admission or denial of liability -- Effect of waiver of immunity -- Exclusive remedy -- Joinder of employee -- Limitations on personal liability
   (1) (a) Nothing contained in this chapter, unless specifically provided, may be construed as an admission or denial of liability or responsibility by or for governmental entities or their employees.
   (b) If immunity from suit is waived by this chapter, consent to be sued is granted, and liability of the entity shall be determined as if the entity were a private person.
   (c) No cause of action or basis of liability is created by any waiver of immunity in this chapter, nor may any provision of this chapter be construed as imposing strict liability or absolute liability.
(2) Nothing in this chapter may be construed as adversely affecting any immunity from suit that a governmental entity or employee may otherwise assert under state or federal law.
(3) (a) Except as provided in Subsection (b), an action under this chapter against a governmental entity or its employee for an injury caused by an act or omission that occurs during the performance of the employee's duties, within the scope of employment, or under color of authority is a plaintiff's exclusive remedy.
   (b) A plaintiff may not bring or pursue any other civil action or proceeding based upon the same subject matter against the employee or the estate of the employee whose act or omission gave rise to the claim, unless:
      (i) the employee acted or failed to act through fraud or malice; or
      (ii) the injury or damage resulted from the conditions set forth in Subsection 63-30-36(3)(c).

(4) An employee may be joined in an action against a governmental entity in a representative capacity if the act or omission complained of is one for which the governmental entity may be liable, but no employee may be held personally liable for acts or omissions occurring during the performance of the employee's duties, within the scope of employment, or under color of
authority, unless it is established that the employee acted or failed to act due to fraud or malice.

§ 63-30-5.  Waiver of immunity as to contractual obligations

   (1) Immunity from suit of all governmental entities is waived as to any contractual obligation. Actions arising out of contractual rights or obligations shall not be subject to the requirements of Sections 63-30-11, 63-30-12, 63-30-13, 63-30-14, 63-30-15, or 63-30-19.
(2) Notwithstanding Subsection (1), the Division of Water Resources is not liable for failure to deliver water from a reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development Act, if the failure to deliver the contractual amount of water is due to drought, other natural condition, or safety condition that causes a deficiency in the amount of
available water.

§ 63-30-6.  Waiver of immunity as to actions involving property

Immunity from suit of all governmental entities is waived for the recovery of any property real or personal or for the possession thereof or to quiet title thereto, or to foreclose mortgages or other liens thereon or to determine any adverse claim thereon, or secure any adjudication touching any mortgage or other lien said entity may have or claim on the property involved.

§ 63-30-8.  Waiver of immunity for injury caused by defective, unsafe, or dangerous condition of highways, bridges, or other structures.

Unless the injury arises out of one or more of the exceptions to waiver set forth in Section 63-30-10, immunity from suit of all governmental entities is waived for any injury caused by a defective, unsafe, or dangerous condition of any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them.

§ 63-30-9.  Waiver of immunity for injury from dangerous or defective public building, structure, or other public improvement -- Exception

Unless the injury arises out of one or more of the exceptions to waiver set forth in Section 63-30-10, immunity from suit of all governmental entities is waived for any injury caused from a dangerous or defective condition of any public building, structure, dam, reservoir, or other public improvement.

§ 63-30-10.  Waiver of immunity for injury caused by negligent act or omission of employee -- Exceptions

Immunity from suit of all governmental entities is waived for injury proximately caused by a negligent act or omission of an employee committed within the scope of employment except if the injury arises out of, in connection with, or results from:
   (1) the exercise or performance or the failure to exercise or perform a discretionary function, whether or not the discretion is abused;
   (2) assault, battery, false imprisonment, false arrest, malicious prosecution, intentional trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of mental anguish, or violation of civil rights;
   (3) the issuance, denial, suspension, or revocation of or by the failure or refusal to issue, deny, suspend, or revoke any permit, license, certificate, approval, order, or similar authorization;
   (4) a failure to make an inspection or by making an inadequate or negligent inspection;
   (5) the institution or prosecution of any judicial or administrative proceeding, even if malicious or without probable cause;
   (6) a misrepresentation by an employee whether or not it is negligent or intentional;
   (7) riots, unlawful assemblies, public demonstrations, mob violence, and civil disturbances;
   (8) the collection of and assessment of taxes;
   (9) the activities of the Utah National Guard;
   (10) the incarceration of any person in any state prison, county or city jail, or other place of legal confinement;
   (11) any natural condition on publicly owned or controlled lands, any condition existing in connection with an abandoned mine or mining operation, or any activity authorized by the School and Institutional Trust Lands Administration or the Division of Forestry, Fire and State Lands;
   (12) research or implementation of cloud management or seeding for the clearing of fog;
   (13) the management of flood waters, earthquakes, or natural disasters;
   (14) the construction, repair, or operation of flood or storm systems;
   (15) the operation of an emergency vehicle, while being driven in accordance with the requirements of Section 41-6-14;
   (16) a latent dangerous or latent defective condition of any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them;
   (17) a latent dangerous or latent defective condition of any public building, structure, dam, reservoir, or other public improvement;
   (18) the activities of:
      (a) providing emergency medical assistance;
      (b) fighting fire;
      (c) regulating, mitigating, or handling hazardous materials or hazardous wastes;
      (d) emergency evacuations; or
      (e) intervening during dam emergencies; or
   (19) the exercise or performance or the failure to exercise or perform any function pursuant to Title 73, Chapter 5a or Title 73, Chapter 10 which immunity is in addition to all other immunities granted by law.

§ 63-30-10.5.  Waiver of immunity for taking private property without compensation

   (1) As provided by Article I, Section 22 of the Utah Constitution, immunity from suit of all governmental entities is waived for the recovery of compensation from the governmental entity when the governmental entity has taken or damaged private property for public uses without just compensation.

(2) Compensation and damages shall be assessed according to the requirements of Title 78, Chapter 34, Eminent Domain.

§ 63-30-11.  Claim for injury -- Notice -- Contents -- Service -- Legal disability -- Appointment of guardian ad litem [Effective July 1, 2001]

   (1) A claim arises when the statute of limitations that would apply if the claim were against a private person begins to run.
(2) Any person having a claim for injury against a governmental entity, or against its employee for an act or omission occurring during the performance of the employee's duties, within the scope of employment, or under color of authority shall file a written notice of claim with the entity before maintaining an action, regardless of whether or not the function giving rise to the claim is characterized as governmental.
(3) (a) The notice of claim shall set forth:
      (i) a brief statement of the facts;
      (ii) the nature of the claim asserted; and
      (iii) the damages incurred by the claimant so far as they are known.
   (b) The notice of claim shall be:
      (i) signed by the person making the claim or that person's agent, attorney, parent, or legal guardian; and
      (ii) directed and delivered to:
         (A) the city or town recorder, when the claim is against an incorporated city or town;
         (B) the county clerk, when the claim is against a county;
         (C) the superintendent or business administrator of the board, when the claim is against a school district or board of education;
         (D) the president or secretary of the board, when the claim is against a special district;
         (E) the attorney general, when the claim is against the State of Utah; or
         (F) a member of the governing board, the executive director, or executive secretary, when the claim is against any other public board, commission, or body.
(4) (a) If the claimant is under the age of majority, or mentally incompetent and without a legal guardian at the time the claim arises, the claimant may apply to the court to extend the time for service of notice of claim.
   (b) (i) After hearing and notice to the governmental entity, the court may extend the time for service of notice of claim.
      (ii) The court may not grant an extension that exceeds the applicable statute of limitations.
   (c) In determining whether or not to grant an extension, the court shall consider whether the delay in serving the notice of claim will substantially prejudice the governmental entity in maintaining its defense on the merits.
   (d) (i) If an injury that may reasonably be expected to result in a claim against a governmental entity is sustained by a potential claimant described in Subsection (4)(a), that government entity may file a request with the court for the appointment of a guardian ad litem for the potential claimant.
      (ii) If a guardian ad litem is appointed under this Subsection (4)(d), the time for filing a claim under Sections 63-30-12 and 63-30-13 begins when the order appointing the guardian is issued.

§ 63-30-13.  Claim against political subdivision or its employee -- Time for filing notice

   A claim against a political subdivision, or against its employee for an act or omission occurring during the performance of the employee's duties, within the scope of employment, or under color of authority, is barred unless notice of claim is filed with the governing body of the political subdivision according to the requirements of Section 63-30-11 within one year after the claim
arises, or before the expiration of any extension of time granted under Section 63-30-11, regardless of whether or not the function giving rise to the claim is characterized as governmental.

§ 63-30-14.  Claim for injury -- Approval or denial by governmental entity or insurance carrier within ninety days

   Within ninety days of the filing of a claim the governmental entity or its insurance carrier shall act thereon and notify the claimant in writing of its approval or denial. A claim shall be deemed to have been denied if at the end of the ninety-day period the governmental entity or its insurance carrier has failed to approve or deny the claim.

§ 63-30-15.  Denial of claim for injury -- Authority and time for filing action against governmental entity

   (1) If the claim is denied, a claimant may institute an action in the district court against the governmental entity or an employee of the entity.
(2) The claimant shall begin the action within one year after denial of the claim or within one year after the denial period specified in this chapter has expired, regardless of whether or not the function giving rise to the claim is characterized as governmental.

§ 63-30-18.  Compromise and settlement of actions

   (1) A political subdivision, after conferring with its legal officer or other legal counsel if it does not have a legal officer, may compromise and settle any action as to the damages or other relief sought.
(2) The risk manager in the Department of Administrative Services may:
   (a) compromise and settle any claim of $25,000 or less in damages filed against the state for which the Risk Management Fund may be liable;
   (b) with the concurrence of the attorney general or his representative and the executive director of the Department of Administrative Services, compromise and settle any claim of $25,000 to $100,000 in damages for which the Risk Management Fund may be liable; and
(3) The risk manager shall comply with procedures and requirements of Title 63, Chapter 38b, in compromising and settling any claim of $100,000 or more.

§ 63-30-19.  Undertaking required of plaintiff in action

   At the time of filing the action the plaintiff shall file an undertaking in a sum fixed by the court, but in no case less than the sum of $300, conditioned upon payment by the plaintiff of taxable costs incurred by the governmental entity in the action if the plaintiff fails to prosecute the action or fails to recover judgment.

§ 63-30-20.  Judgment against governmental entity bars action against employee

Judgment against a governmental entity in an action brought under this act shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee whose act or omission gave rise to the claim.

§ 63-30-22.  Exemplary or punitive damages prohibited -- Governmental entity exempt from execution, attachment, or garnishment
   (1) (a) No judgment may be rendered against the governmental entity for exemplary or punitive damages.
      (b) The state shall pay any judgment or portion of any judgment entered against a state employee in the employee's personal capacity even if the judgment is for or includes exemplary or punitive damages if the state would be required to pay the judgment under Section 63-30-36 or 63-30-37.
(2) Execution, attachment, or garnishment may not issue against a governmental entity.

§ 63-30-25.  Payment of claim or judgment against political subdivision -- Installment payments

If the subdivision is unable to pay the claim or award during the current fiscal year it may pay the claim or award in not more than ten ensuing annual installments of equal size or in such other installments as are agreeable to the claimant.

§ 63-30-26.  Reserve funds for payment of claims or purchase of insurance created by political subdivisions

Any political subdivision may create and maintain a reserve fund or may jointly with one or more other political subdivisions make contributions to a joint reserve fund, for the purpose of making payment of claims against the co-operating subdivisions when they become payable pursuant to this chapter, or for the purpose of purchasing liability insurance to protect the co-operating subdivisions from any or all risks created by this chapter.

§ 63-30-28.  Liability insurance -- Purchase of insurance or self-insurance by governmental entity authorized -- Establishment of trust accounts for self-insurance
   (1) Any governmental entity within the state may purchase commercial insurance, self-insure, or self-insure and purchase excess commercial insurance in excess of the statutory limits of this chapter against any risk created or recognized by this chapter or any action for which a governmental entity or its employee may be held liable.
(2) (a) In addition to any other reasonable means of self-insurance, a governmental entity may self-insure with respect to specified classes of claims by establishing a trust account under the management of an independent private trustee having authority with respect to claims of that character to expend both principal and earnings of the trust account solely to pay the costs of investigation, discovery, and other pretrial and litigation expenses including attorneys' fees, and to pay all sums for which the governmental entity may be adjudged liable or for which a compromise settlement may be agreed upon.
   (b) The monies and interest earned on said trust fund shall be subject to investment pursuant to Title 51, Chapter 7, State Money Management Act of 1974, and shall be subject to audit by the state auditor.
(3) Notwithstanding any law to the contrary, the trust agreement between the governmental entity and the trustee may authorize the trustee to employ counsel to defend actions against the entity and its employees and to protect and safeguard the assets of the trust, to provide for claims investigation and adjustment services, to employ expert witnesses and consultants, and to
provide such other services and functions necessary and proper to carry out the purposes of the trust.

§ 63-30-33.  Liability insurance -- Insurance for employees authorized -- No right to indemnification or contribution from governmental agency

   (1) (a) A governmental entity may insure any or all of its employees against liability, in whole or in part, for injury or damage resulting from an act or omission occurring during the performance of an employee's duties, within the scope of employment, or under color of authority, regardless of whether or not that entity is immune from suit for that act or omission.
   (b) Any expenditure for that insurance is for a public purpose.
   (c) Under any contract or policy of insurance providing coverage on behalf of a governmental entity or employee for any liability defined by this section, regardless of the source of funding for the coverage, the insurer has no right to indemnification or contribution from the governmental entity or its employee for any loss or liability covered by the contract or policy.
(2) Any surety covering a governmental entity or its employee under any faithful performance surety bond has no right to indemnification or contribution from the governmental entity or its employee for any loss covered by that bond based on any act or omission for which the governmental entity would be obligated to defend or indemnify under the provisions of Section
63-30-36.

§ 63-30-34.  Limitation of judgments against governmental entity or employee -- Insurance coverage exception -- Process for adjustment of limits [Effective July 1, 2001]
   (1) (a) Except as provided in Subsections (2) and (3), if a judgment for damages for personal injury against a governmental entity, or an employee whom a governmental entity has a duty to indemnify, exceeds $500,000 for one person in any one occurrence, or $1,000,000 for two or more persons in any one occurrence, the court shall reduce the judgment to that amount.
   (b) A court may not award judgment of more than $500,000 for injury or death to one person regardless of whether or not the function giving rise to the injury is characterized as governmental.
   (c) Except as provided in Subsection (2), if a judgment for property damage against a governmental entity, or an employee whom a governmental entity has a duty to indemnify, exceeds $200,000 in any one occurrence, the court shall reduce the judgment to that amount, regardless of whether or not the function giving rise to the damage is characterized as governmental.
(2) The damage limits established in this section do not apply to damages awarded as compensation when a governmental entity has taken or damaged private property for public use without just compensation.
(3) The limitations of judgments established in Subsection (1) shall be adjusted according to the methodology set forth in Subsection (4).
(4) (a) Each year, the risk manager shall:
      (i) calculate the consumer price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code;
      (ii) calculate the increase or decrease in the limitation of judgment amounts established in this section as a percentage equal to the percentage difference between the consumer price index for the preceding calendar year and the consumer price index for calendar year 1999; and
      (iii) after making an increase or decrease under Subsection (4)(a)(ii), round up the limitation of judgment amounts established in Subsection (1) to the nearest $100.
   (b) Each even numbered year, the risk manager shall make rules, which become effective no later than July 1, that establish the new limitation of judgment amounts.
   (c) Adjustments made by the risk manager to the limitation of judgment amounts established by this section have prospective effect only from the date the rules establishing the new limitation of judgment take effect and those adjusted limitations of judgment apply only to claims for injuries or losses that occur after the effective date of the rules that establish those new limitations of judgement.

§ 63-30-36.  Defending government employee -- Request -- Cooperation -- Payment of judgment

   (1) Except as provided in Subsections (2) and (3), a governmental entity shall defend any action brought against its employee arising from an act or omission occurring:
   (a) during the performance of the employee's duties;
   (b) within the scope of the employee's employment; or
   (c) under color of authority.
(2) (a) Before a governmental entity may defend its employee against a claim, the employee shall make a written request to the governmental entity to defend him:
      (i) within ten days after service of process upon him; or
      (ii) within a longer period that would not prejudice the governmental entity in maintaining a defense on his behalf; or
      (iii) within a period that would not conflict with notice requirements imposed on the entity in connection with insurance carried by the entity relating to the risk involved.
   (b) If the employee fails to make a request, or fails to reasonably cooperate in the defense, the governmental entity need not defend or continue to defend the employee, nor pay any judgment, compromise, or settlement against the employee in respect to the claim.
(3) The governmental entity may decline to defend, or subject to any court rule or order, decline to continue to defend, an action against an employee if it determines:
   (a) that the act or omission in question did not occur:
      (i) during the performance of the employee's duties;
      (ii) within the scope of his employment; or
      (iii) under color of authority;
   (b) that the injury or damage resulted from the fraud or malice of the employee; or
   (c) that the injury or damage on which the claim was based resulted from:

      (i) the employee driving a vehicle, or being in actual physical control of a vehicle:
         (A) with a blood alcohol content equal to or greater by weight than the established legal limit;
         (B) while under the influence of alcohol or any drug to a degree that rendered the person incapable of safely driving the vehicle; or
         (C) while under the combined influence of alcohol and any drug to a degree that rendered the person incapable of safely driving the vehicle; or
      (ii) the employee being physically or mentally impaired so as to be unable to reasonably perform his job function because of the use of alcohol, because of the nonprescribed use of a controlled substance as defined in Section 58-37-4, or because of the combined influence of alcohol and a nonprescribed controlled substance as defined by Section 58-37-4.
(4) (a) Within ten days of receiving a written request to defend an employee, the governmental entity shall inform the employee whether or not it shall provide a defense, and, if it refuses to provide a defense, the basis for its refusal.
   (b) A refusal by the entity to provide a defense is not admissible for any purpose in the action in which the employee is a defendant.
(5) Except as provided in Subsection (6), if a governmental entity conducts the defense of an employee, the governmental entity shall pay any judgment based upon the claim.
(6) A governmental entity may conduct the defense of an employee under a reservation of rights under which the governmental entity reserves the right not to pay a judgment, if the conditions set forth in Subsection (3) are established.
(7) (a) Nothing in this section or Section 63-30-37 affects the obligation of a governmental entity to provide insurance coverage according to the requirements of Subsection 41-12a-301(3) and Section 63-30-29.5.
   (b) When a governmental entity declines to defend, or declines to continue to defend, an action against its employee under the conditions set forth in Subsection (3), it shall still provide coverage up to the amount specified in Sections 31A-22-304 and 63-30-29.5.

§ 63-30-37.  Recovery of judgment paid and defense costs by government employee

   (1) Subject to Subsection (2), if an employee pays a judgment entered against him, or any portion of it, which the governmental entity is required to pay under Section 63-30-36, the employee may recover from the governmental entity the amount of the payment and the reasonable costs incurred in his defense.
(2) If a governmental entity does not conduct the defense of an employee against a claim, or conducts the defense under an agreement as provided in Subsection 63-30-36(6), the employee may recover from the governmental entity under Subsection (1) if:
   (a) the employee establishes that the act or omission upon which the judgment is based occurred during the performance of his duties, within the scope of his employment, or under color of authority, and that he conducted the defense in good faith; and
   (b) the governmental entity does not establish that the injury or damage resulted from:
      (i) the fraud or malice of the employee;
      (ii) the employee driving a vehicle, or being in actual physical control of a vehicle:
         (A) with a blood alcohol content equal to or greater by weight than the established legal limit;

        (B) while under the influence of alcohol or any drug to a degree that rendered the person incapable of safely driving the vehicle;
         (C) while under the combined influence of alcohol and any drug to a degree that rendered the person incapable of safely driving the vehicle; or
      (iii) the employee being physically or mentally impaired so as to be unable to reasonably perform his job function because of the use of alcohol, because of the nonprescribed use of a controlled substance as defined in Section 58-37-4, or because of the combined use of alcohol and a nonprescribed controlled substance as defined in Section 58-37-4.
 

CHAPTER 30a.  REIMBURSEMENT OF LEGAL FEES AND COSTS TO OFFICERS AND EMPLOYEES
§ 63-30a-2.  Indictment or information against officer or employee -- Reimbursement of attorneys' fees and court costs incurred in defense

   (1) If a state grand jury indicts, or if an information is filed against, an officer or employee, in connection with or arising out of any act or omission of that officer or employee during the performance of his duties, within the scope of his employment, or under color of his authority, and that indictment or information is quashed or dismissed or results in a judgment of acquittal,
unless the indictment or information is quashed or dismissed upon application or motion of the prosecuting attorney, that officer or employee shall be entitled to recover reasonable attorneys' fees and court costs necessarily incurred in the defense of that indictment or information from the public entity, unless the officer or employee is found guilty of substantially the same misconduct that formed the basis for the indictment or information.
    (2) If the officer or employee is acquitted of some of the charges or counts, or portions of the indictment or information are quashed or dismissed, that officer or employee shall be entitled to recover from the public entity reasonable attorneys' fees and court costs necessarily incurred in the defense of those charges, counts, or portions of the indictment or information that were
quashed, dismissed, or resulted in a judgment of acquittal, unless the misconduct covered by those charges, counts, or portions of the indictment or information that were quashed, dismissed, or resulted in a judgment of acquittal is substantially the same misconduct that formed the basis for charges, counts, or portions of the indictment or information of which the officer or employee was found guilty.
   (3) An officer or employee who recovers under this section shall also be entitled to recover reasonable attorneys' fees and costs necessarily incurred by the officer or employee in recovering the attorneys' fees and costs allowed under this section, including attorneys' fees and costs incurred on appeal.
(4) Notwithstanding any other provision of this section, an officer or employee may not recover for the costs incurred in defense of any charge, count, or portion of the indictment or information that is quashed or dismissed upon application or motion of the prosecuting attorney.
 

CHAPTER 30b.  IMMUNITY FOR PERSONS PERFORMING VOLUNTARY SERVICES

§ 63-30b-3.  Action under Governmental Immunity Act permitted

Nothing in this chapter shall preclude legal action against a public entity for any injury occurring as a result of the decisions or actions taken by a person performing services on a voluntary basis for that entity, where such action would otherwise be permitted under Title 63, Chapter 30, Utah Governmental Immunity Act.