HARRY HUGHES, Governor

1433

A JURY SHALL MAKE THE FINDINGS BY WRITTEN, SPECIAL VERDICT.

REVISOR'S NOTE: This section is new language derived
without substantive change from the fifth sentence of
former Art. 32A, § 12C.

In the introductory language of subsection (a) of this
section, the clause "in which the Attorney General has
declined representation under § 12-304(b)(l) of this
subtitle" is added to reflect that this section only
applies when the State may be liable for reimbursement
under § 12-310 of this subtitle. This addition is
necessary in light of this revision of this section
separately from the rest of former Art. 32A, § 12C.

Also in the introductory language of subsection (a) of
this section, the former reference "that results in a
... other disposition" is deleted as unnecessary.

Subsection (b) of this section is revised to limit the
requirements of a "special verdict" to the findings of
a jury.

12-309. REIMBURSEMENT BY PARTY.

(A)  REQUIRED.

A COURT SHALL REQUIRE REIMBURSEMENT FROM THE PERSON WHO
BRINGS AN ACTION OR PROCEEDING AGAINST A STATE OFFICER OR STATE
EMPLOYEE IF:

(1)  JUDGMENT IS RENDERED FOR THE OFFICER OR EMPLOYEE;
AND

(2)  THE COURT FINDS THAT THE ACTION OR PROCEEDING WAS
INSTITUTED:

(I)  IN BAD FAITH; OR

(II)  WITHOUT SUBSTANTIAL JUSTIFICATION.

(B)  AMOUNT.

REIMBURSEMENT SHALL CONSIST OF REASONABLE COUNSEL FEES AND
OTHER COSTS AND REASONABLE EXPENSES INCURRED BY THE OFFICER OR
EMPLOYEE IN DEFENDING AGAINST THE ACTION OR PROCEEDING.

(C)  RECIPIENT.
REIMBURSEMENT SHALL BE PAID:

(1) TO THE OFFICER OR EMPLOYEE; OR

(2) IF THE STATE OR ANY OF ITS UNITS ALREADY HAS
REIMBURSED THE OFFICER OR EMPLOYEE, TO THE STATE OR THE UNIT.