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75-4360. Payment of expenses for defense of governor, adjutant general, superintendent, officer or trooper of highway patrol, agent of the Kansas bureau of investigation and certain persons employed in state correctional institutions in certain civil actions; selection of defense attorney; duties of attorney general. If the governor, the adjutant general, the superintendent of the highway patrol or any officer or trooper of the highway patrol, or agent of the Kansas bureau of investigation, or any person employed by the state correctional institutions in a correctional or supervisory or custodial capacity or any person formerly serving in such capacity is prosecuted by civil action for any act performed or committed by such person in the performance of duties imposed upon such person by law, and required in the enforcement of the laws of this state, all of the expenses of the defense of such actions, including attorney's fees, witnesses' fees for the defense, defendant's court costs and all costs for transcripts of records and abstracts thereof on appeal, shall be paid by the state during his or her term of office or employment, or after such term of office or employment if such action was based upon any act performed or committed by such person during such term of office or employment. The attorney general shall be first consulted in regards to the selection of the attorney for the defense of any such person, and shall have approval thereof, except that the attorney general may, if he or she sees fit, assume the responsibility for the defense of such person and may conduct the same personally or by one or more of his or her assistants. The expenses of such defense shall be paid by the attorney general from any moneys made available to the attorney general for such purpose upon vouchers approved by the attorney general and in accordance with the provisions of appropriation acts.

History: L. 1968, ch. 78, § 1; L. 1970, ch. 360, § 1; L. 1976, ch. 372, § 5; L. 1977, ch. 290, § 7; July 1.

Cross References to Related Sections:

Defense of employees under Tort Claims Act, see 75-6108 et seq.

Members of national and state guards, litigation expenses, see 48-241a.


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