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: the defense of sovereign immunity is available to the officer or employee; the officer or employee was acting within the scope of the employment of the officer or employee; the alleged act or omission was malicious; and the alleged act or omission was grossly negligent. A jury shall make the findings by written, special verdict.