1160                                   LAWS OF MARYLAND                              Ch. 439

Annotated Code of Maryland

(1975 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 12A of Article 32A - Department of
Law, of the Annotated Code of Maryland (1971 Replacement
Volume and 1975 Supplement) be and it is hereby repealed
and reenacted, with amendments, to read as follows:

Article 32A — Department of Law

12A.

The Attorney General, when requested in writing by
any officer or employee of the State, may appear and
defend any action, civil or criminal, or special
proceeding, in the courts of this State or of the United
States instituted against the officer or employee by
reason of any act done or omitted to be done without
malice and in the absence of gross negligence and in the
scope of his employment. The defense may be rendered by
the Attorney General, an assistant, or by any special
counsel when directed to do so by the Attorney General;
in a criminal case, special counsel must be appointed by
the Attorney General if he determines that any
representation is in fact appropriate. The defense of a
civil case shall include the right to assert
counterclaims and to engage in third party practice on
behalf of the officer or employee. Nothing herein may be
construed to deprive any officer or employee of the right
to select counsel of his own choice at his own expense,
nor may it prevent the Attorney General from entering his
appearance in a case to protect the interests of the
State of Maryland even though no request for such
appearance has been forthcoming from the officer or
employee named as a defendant. FOR THE PURPOSES OF THIS
SECTION, AN OFFICER, WARRANT OFFICER, OF ENLISTED MEMBER
OF THE ORGANIZED MILITIA, IN THE EXERCISE OF HIS DUTY AS
SUCH, SHALL BE CONSIDERED TO BE AN EMPLOYEE OF THE STATE.

SECTION 2. AND BE IT FURTHER ENACTED, That new
Section 16C (d) be and it is hereby added to Article 78A —
Public Works, of the Annotated Code of Maryland (1975
Replacement Volume and 1975 Supplement) to read as
follows:

Article 78A - Public Works

16C.

(D) FOR THE PURPOSES OF THIS SECTION, AN OFFICER,
WARRANT OFFICER, OR ENLISTED MEMBER OF THE ORGANIZED
MILITIA, IN THE EXERCISE OF HIS DUTY AS SUCH, SHALL BE
CONSIDERED TO BE AN EMPLOYEE OF THE STATE.