(a) 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) A jury shall make the findings by written, special verdict.