1. (a) If an action or special proceeding against a State officer or State employee in which the Attorney General has declined representation under § 12-304(b)(1) of this subtitle results in final judgment, the court or jury shall find whether:

   1. (1) the defense of sovereign immunity is available to the officer or employee;
   2. (2) the officer or employee was acting within the scope of the employment of the officer or employee;
   3. (3) the alleged act or omission was malicious; and
   4. (4) the alleged act or omission was grossly negligent.
2. (b) A jury shall make the findings by written, special verdict.

Added by Acts 1984, c. 284, § 1, eff. Oct. 1, 1984.

Formerly Art. 32A, § 12C.