2302

LAWS OF MARYLAND

Ch. 793

defense of any officer or employee.

12C.

If the Attorney General [elects] DETERMINES, PURSUANT
TO §12B, not to assume the defense of a State officer or
employee, and it is judicially determined that the injuries
arose out of an act or omission of the officer or employee
during the performance of his duties and within the scope of
his employment and that the act or omission of the officer
or employee was not malicious, or grossly negligent, or it
is established that the defense of sovereign immunity is
available to the officer or employee, the State is liable to
the officer or employee for reasonable expenses in
prosecuting his own defense, including court costs and
attorneys' fees. These expenses shall be paid with the
approval of the Attorney General by the agency, board,
commission, or department by which the officer or employee
was employed at the time the act or omission complained of
in the action occurred. This section is not applicable if
the expenses are reimbursed to the officer or employee
pursuant to the provisions of § 12G of this article. The
decision of the Attorney General not to defend an officer or
employee is not admissible as evidence in any legal action
or special proceeding and no reference thereto may be made
in any trial or hearing. In any action or proceeding
against an officer or employee that results in a final
judgment or other disposition, the court or jury shall
return a special verdict in the form of written findings
which determine (1) if the officer or employee was acting
within the scope of his employment; (2) if the alleged act
or omission by the officer or employee was malicious or
grossly negligent; (3) if the defense of sovereign immunity
is available to the officer or employee.

12F.

The Attorney General, prior to the defense of an
officer or employee, shall require the officer or employee
to enter into an agreement which provides, among other
things:

(1) The Attorney General, if he determines it
appropriate, may require the officer or employee to
reimburse the State for all expenses, including court costs
and reasonable attorneys' fees, if it is judicially
determined that the injuries complained of did not arise out
of an act or omission of the officer or employee occurring
during the performance of his duties and within the scope of
his employment or that the act or omission of the officer or
employee was malicious or grossly negligent, and the defense
of sovereign immunity as to the officer or employee is not
available; but such reimbursement may not be required if the
information provided to the Attorney General by the officer
or employee was complete and was neither false nor
misleading. These costs constitute a debt due the State of
Maryland and may be collected by appropriate judicial
proceedings.