17-11-6. Awarding fees and costs to certain defendants; procedure.

(a) In the event that: (1) The prosecuting attorney in a felony or misdemeanor criminal case is disqualified due to improper conduct on the part of such prosecuting attorney; and (2) Such criminal case is dismissed by the court or a subsequent prosecutor tasked with prosecuting such case following such disqualification; any defendant against whom such charges are dismissed shall be entitled to an award of all reasonable attorney’s fees and costs incurred by the defendant in defending the case. (b) A defendant entitled to fees and expenses as provided in this Code section shall file a motion for reasonable attorney’s fees and costs within 45 days of the final termination of the underlying criminal case. The judge to whom the criminal case was assigned shall consider and determine such motion for reasonable attorney’s fees and costs without a jury and shall award such reasonable attorney’s fees and costs as provided for under this Code section to such defendant. (c) Attorney’s fees and costs awarded under this Code section shall be paid from the funds of the office of the prosecuting attorney as budgeted by the county or counties comprising the judicial circuit of such prosecuting attorney.