HARRY HUGHES, Governor

3397

CHAPTER 556

(Senate Bill 834)

AN ACT concerning

State Employees -
Reimbursement of Attorney's Fees

FOR the purpose of providing that the Board of Public Works
may grant the reimbursement of attorney's fees incurred
by a State employee in criminal matters under certain
circumstances; requiring the Attorney General to
certify certain matters to the Board of Public Works;
providing that actions of the Board and the Attorney
General are not subject to judicial review; providing
the right of subrogation by the State; and generally
relating to the process of reimbursement of attorney's
fees in criminal matters by the Board.

BY repealing and reenacting, with amendments,

Article 32A - Department of Law

Section 12A and 12B

Annotated Code of Maryland

(1976 Replacement Volume and 1981 Supplement)

BY adding to

Article 32A - Department of Law

Section 12-I

Annotated Code of Maryland

(1976 Replacement Volume and 1981 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
read(s) as follows:

Article 32A - Department of Law

12A.

[(a) Subject to the provisions of § 12B, the Attorney
General, when requested in writing by any officer or
employee of the State, may defend any criminal action
instituted in the courts of this State or of the United
States 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.
However, if the Attorney General determines that
representation is appropriate, special counsel shall be
appointed to appear and defend the criminal action.]