SB 316 Utah Senate · 2026 General Session

Public Employee Attorney Fee Recovery Amendments

SB 316 modifies Utah law to clarify when public employees (like police officers or government workers) can recover attorney fees and court costs after being charged criminally for actions related to their job. It requires prosecutors' offices (municipal, county, district, or state) to pay 50% of these fees if the employee is acquitted or charges are dismissed, with one key change: the exception for dismissals by prosecutors now only applies if the dismissal happens more than 45 days after a preliminary hearing. The bill specifically limits this exception to charges filed as "information" (not indictments) and ensures employees aren’t barred from recovery if charges are dismissed within that 45-day window. This affects public employees facing criminal charges tied to their official duties, making it easier to recover legal costs in certain cases.
Bill status passed 4 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House Passage
Mar 2026
Governor
Introduced Feb 23, 2026 Last action Mar 7, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Substitute #1 Substitute #2 · 5 edits
MODERATE
This bill fundamentally changes how public employees can recover attorney fees when defending against criminal charges. The original version automatically entitled employees to recover fees from the entity that prosecuted them, with a 50% cost-sharing arrangement. The new version requires a court to find that the public entity acted in bad faith before ordering any fee recovery, shifting from automatic reimbursement to a discretionary, fault-based system.
Scope change
The bill changed from automatic fee recovery to requiring a court finding of bad faith by the public entity before fees can be recovered.
ELIGIBILITY

Removed automatic entitlement to attorney fees; now requires a court finding that the public entity acted in bad faith before any fees can be recovered.

FISCAL

Eliminated the automatic 50% cost-sharing requirement between the prosecuting entity and the public entity where the employee works.

ENFORCEMENT

Added requirement that a court must order fee recovery rather than automatic entitlement, giving judges discretion to evaluate bad faith claims.

REQUIREMENT

Removed the 45-day time limit exception for dismissing charges filed via information; this specific procedural requirement was eliminated.

DEFINITION

Changed the legal standard from automatic recovery to requiring proof of bad faith by the public entity before fees are awarded.

Floor votes · Senate Mar 3, 2026

How they voted

261
Passed · 2 other
Total votes 29
Mar 3, 2026
D Democratic6
6 Yea
100% Yea
N Forward1
1 Yea
100% Yea
R Republican22
19 Yea 1 Nay 2
86% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
37
Key actions
3
Committee
3
Mar 4, 2026
Introduced
House/ 1st reading (Introduced)
lower
Mar 3, 2026
Lower · Passed
Senate/ passed 3rd reading
lower
Mar 2, 2026
Upper · Passed
Senate/ committee report favorable [Senate Revenue and Taxation Committee]
upper
Mar 2, 2026
Upper · Passed
Senate Comm - Favorable Recommendation [Senate Revenue and Taxation Committee]
upper
Feb 25, 2026
Committee
Senate/ to standing committee [Senate Revenue and Taxation Committee]
upper
Feb 23, 2026
Introduced
Senate/ 1st reading (Introduced)
upper
1 primary · 1 co-sponsor

Sponsors