Except as provided in section 3 of this chapter, a unit or municipal corporation may not pay the legal expenses incurred by an officer or employee of the unit or the municipal corporation:

1. (1) in defending against:

   1. (A) a criminal action;

   2. (B) a civil action brought by the attorney general of the United States, a United States attorney, the attorney general of Indiana, or an Indiana prosecuting attorney under:

      1. (i) IC 34-24-1 ;
      2. (ii) IC 34-24-2 ;
      3. (iii) IC 34-24-3 ;
      4. (iv) IC 5-11-5 ;
      5. (v) IC 5-11-6 ;
      6. (vi) IC 5-13-6 ;
      7. (vii) IC 5-13-14-3 ; or
      8. (viii) 18 U.S.C. 1964; or
   3. (C) a proceeding to enforce an ordinance or a statute defining an infraction; or
2. (2) who is the target of a grand jury investigation, if the scope of the investigation includes a claim that the officer or employee committed a criminal act.

As added by P.L.128-2005, SEC.1.