1432

LAWS OF MARYLAND

Ch. 284

12-307. INFORMATION.

INFORMATION THAT THE ATTORNEY GENERAL OBTAINS UNDER §
12-304(A)(1)(I), (II), (IV), OR (V), (B)(2)(I), (C)(2), OR (D), §
12-305, § 12-306, § 12-308, § 12-309, OR § 12-310 OF THIS
SUBTITLE IS CONFIDENTIAL AND INADMISSIBLE AS EVIDENCE IN ANY
LEGAL ACTION OR SPECIAL PROCEEDING. REFERENCE TO THE INFORMATION
MAY NOT BE MADE IN ANY HEARING OR TRIAL.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 32A, §
12D.

The cross-reference in this section to "§
12-304(a)(l)(i) ... or § 12-310" is substituted for
the cross-reference, in former Art. 32A, § 12D, to
"information obtained ... by virtue of the provisions
of §§ 12A and 12C through 12H". The substituted
cross-reference preserves the exclusion of former Art.
32A, § 12B -- from which § 12-304(a)(1)(iii), (b)(1)
and (2)(ii), and (c)(1) of this subtitle is derived.
However, the Commission to Revise the Annotated Code
notes that, notwithstanding the exclusion, information
obtained in the investigation also may be
inadmissible.

The substituted language no longer applies to the
provisions of this section or to the provisions of §
6-105(c) of this article -- which is derived from
former Art. 32A, § 12E and authorizes employment of
counsel. These provisions, however, do not involve
obtaining information.

12-308. REQUIRED FINDINGS.

(A) IN GENERAL.

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)  THE DEFENSE OF SOVEREIGN IMMUNITY IS AVAILABLE TO
THE OFFICER OR EMPLOYEE;

(2)  THE OFFICER OR EMPLOYEE WAS ACTING WITHIN THE
SCOPE OF THE EMPLOYMENT OF THE OFFICER OR EMPLOYEE;

(3)  THE ALLEGED ACT OR OMISSION WAS MALICIOUS; AND

(4)  THE ALLEGED ACT OR OMISSION WAS GROSSLY
NEGLIGENT.

(B) SPECIAL VERDICT.