Title 29 — State Government

§ 4602. Appointment; representation of defendants. (a) The Office of Defense Services shall be headed by the Chief Defender. The Chief Defender shall be a qualified attorney licensed to practice in this State selected by the Governor. The Office of Defense Services shall represen…

§ 4603. Term of office; compensation; assistants. (a) For appointments made after July 1, 2015, the Chief Defender shall serve for a term of 8 years from the date of appointment. (b) The Chief Defender may appoint as many assistant attorneys, clerks, investigators, stenographers …

§ 4604. Representation of indigent persons. When representing an indigent person, the Office of Defense Services shall do all of the following: (1) Counsel and defend the indigent person, whether held in custody without commitment or charged with a criminal offense, at every stag…

§ 4605. Appointment of additional counsel. For cause, the court may, on its own motion or upon the application of the Office of Defense Services or the indigent person, appoint the Office of Conflicts Counsel, or other qualified counsel, to represent the indigent person at any st…

§ 4606. Annual reports. The Office of Defense Services shall make an annual report to the Governor and the General Assembly covering all cases handled by the Office of Defense Services during the preceding year.29 Del. C. 1953, § 4606; 54 Del. Laws, c. 227, § 1; 70 Del. Laws, c. …

§ 4607. Administrative fee assessment [Repealed].69 Del. Laws, c. 286, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 342, § 1; 80 Del. Laws, c. 26, § 1; repealed by 83 Del. Laws, c. 441, § 13, effective Apr. 3, 2023.;

§ 4608. Representation of indigent parents in DSCYF custody proceedings. (a) The Office of Defense Services shall represent, without charge, indigent parents under Chapter 25 of Title 13 under any of the following circumstances: (1) The indigent parent requests representation. (2…

§ 4701. Division of Forensic Science established; purpose. The purpose of this chapter is to establish a Division of Forensic Science to provide leadership and coordination in the exercise of forensic sciences. In furtherance of that purpose, there is created the Division of Fore…

§ 4701A. Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16]. For purposes of this chapter: (1) “Biological sample” means any evidence collected for the purpose of identifying DNA. (2) “Buccal swab” means a swab taken from the inside of an individual’s c…

§ 4702. Rules and regulations. The Department of Safety and Homeland Security may adopt and promulgate rules and regulations to carry into effect this chapter.29 Del. C. 1953, § 4706; 50 Del. Laws, c. 502, § 1; 57 Del. Laws, c. 140, § 1; 57 Del. Laws, c. 591, § 55; 79 Del. Laws, …

§ 4703. Appointment of professional and other personnel. (a) The Director of the Division of Forensic Science shall appoint, with the approval of the Secretary of the Department of Safety and Homeland Security, a Chief Medical Examiner, who shall be a board-certified pathologist,…

§ 4704. Duties of Medical Examiners. (a) The Chief Medical Examiner and the assistant medical examiners shall carry out the provisions of this chapter to investigate all deaths throughout the State. (b) The Chief Medical Examiner shall comply with the orders and directions of the…

§ 4705. Office and equipment. The Division of Forensic Science shall be maintained in a suitable place or places which shall be designated by the Secretary of the Department of Safety and Homeland Security. The Department of Safety and Homeland Security shall provide or arrange f…

§ 4706. Investigation of deaths [For application of this section, see 84 Del. Laws, c. 261, § 16]. (a) When an individual dies in this State, as a result of violence, by suicide or by casualty if such occurred not longer than 1 year and 1 day prior to death, while under anesthesi…

§ 4707. Postmortem examination; autopsy reports. (a) When the cause of death shall have been established within reasonable medical certainty by a Medical Examiner, the Medical Examiner shall prepare a written report and file it in the Division of Forensic Science within 90 days a…

§ 4708. Forensic Sciences Laboratory. The Forensic Sciences Laboratory is established and operational within the Division of Forensic Science. The Director of the Division of Forensic Science functions as the Director of the Forensic Sciences Laboratory.66 Del. Laws, c. 209, § 4;…

§ 4709. Power to administer oaths and issue subpoenas. The Director of the Division of Forensic Science, the Chief Medical Examiner, the Assistant Medical Examiners and the Deputy Medical Examiners, in the course of investigation of a death, may administer oaths and affirmations …

§ 4710. Records and reports; evidence. (a) The Chief Medical Examiner is to keep full and complete records of the Division of Forensic Science pertaining to the investigation of deaths and postmortem examinations. Such records shall be properly indexed, giving the name, if known,…

§ 4711. Disposition of unclaimed body or remains of indigent person [For application of this section, see 84 Del. Laws, c. 261, § 16]. (a) In any case where there is an unclaimed body or there are remains of indigent persons and it is incumbent on the State or any political subdi…

§ 4712. Authority to provide corneas to eye banks. (a) Upon request of an approved eye bank on behalf of a patient in need of corneal tissue for a transplant, a Medical Examiner is authorized to provide the cornea under the following conditions: (1) A decedent who may provide a s…

§ 4713. DNA analysis and data bank. (a) In any criminal proceeding, DNA testing shall be deemed to be a reliable scientific technique, and the evidence of a DNA profile comparison is admissible under § 3515 of Title 11 to prove or disprove the identity of any person. This section…

§ 4713A. DNA analysis, sexual assault kit testing. (a) (1) A law-enforcement agency shall submit a SAK to the DFS laboratory no more than 30 days after the law-enforcement agency contacts DFS to discuss the evidence the law-enforcement agency has collected and what will be submit…

§ 4714. Commission on Forensic Science. (a) The Commission on Forensic Science, hereinafter in this chapter referred to as the “Commission”, is hereby established. The Commission shall provide oversight and guidance to foster professionalism within, and the development and growth…

§ 4901. Office of Highway Safety established. There is established the Office of Highway Safety, which Office shall be under the direction and supervision of the Department of Safety and Homeland Security pursuant to Chapter 82 of this title.60 Del. Laws, c. 631, § 1; 76 Del. Law…

§ 4902. Coordinator; personnel; merit system. (a) The Office of Highway Safety shall be administered by a Coordinator. The Office shall employ such personnel as required to meet the federal guidelines for a state agency responsible for highway safety in accordance with the Highwa…

§ 4903. Powers, duties and functions. (a) The Office of Highway Safety shall have all the powers, duties and functions heretofore vested in the Federal-State Highway Safety Coordinator’s Office established by executive order and such other powers, duties and functions conferred a…

§ 4904. Federal merit system standards. Notwithstanding any other provisions of this chapter, the Office is authorized and directed to take such action with respect to matters involving personnel as may be necessary to insure the continued eligibility of this State for grants-in-…

§ 5101. Oath of office; fee. Every person elected or appointed to any public office of trust or profit in this State, before entering upon the duties of such office, shall take and subscribe the oaths or affirmations set forth in article XIV of the Delaware Constitution. Such oat…

§ 5102. Oath to support Constitution. Every officer and employee of the State or any political subdivision thereof shall take an oath to support and defend the Constitution of the United States and the Constitution of the State before commencing duties as such officer or employee…

§ 5103. Payment of debts as condition of employment. No agency of the State shall employ or retain upon its payroll any person who refuses or neglects to make an effort to pay, by making regular partial payments on any unsecured debt, duly contracted for by such person while in t…

§ 5104. Saturday as holiday. Saturday shall be a legal holiday throughout each year for all elective and appointive officials, deputies, clerks and other employees of the State, except members of the State Police, employees of the Department of Safety and employees assigned to ro…

§ 5105. Leave of absence for military service; pension rights; term of successor appointees. (a) In the case of any employee of this State who is called to the service of or voluntarily enters the armed forces of the United States or the National Guard of the State, when in conti…

§ 5106. Employee salary deductions. (a) Upon receipt of written authorization from any state employee, the Secretary of Finance shall deduct from the employee’s salary such sum as the employee shall direct for state provided employee benefits. Effective upon the implementation of…

§ 5107. Cancellation of bond on expiration of term; petition; notice; order of Court. (a) At any time after the expiration of the term of office of any state or county officer in this State who is required to give bond or other obligation with surety for the faithful performance …

§ 5108. Action against officer for state moneys. Action may be brought in the name of the State against any officer for money received by or legally chargeable to the officer for fines, forfeitures or fees appertaining to the funds of the State.Code 1852, § 2244; Code 1915, § 409…

§ 5109. Meetings of state boards and commissions; executive sessions [Repealed]. Repealed by 60 Del. Laws, c. 641, § 4, effective Jan. 1, 1977.

§ 5110. Election of employee to public office; leave. In the event any employee of this State, including any employee of the public schools, is elected to any public office provided for by the Constitution of the State or the Delaware Code, such employee shall be granted such lea…

§ 5111. Benefits to surviving spouse of persons elected to state or county office. Whenever a person who has been elected to any office of the State or the counties by the qualified voters of the State shall die while in office and shall leave a spouse surviving, an amount equal …

§ 5112. Employees not to be supplied with, nor reimbursed for, food consumed during working hours; exceptions. (a) No full-time employee of the State whose salary is paid by the State shall receive any additional stipend for the purchase of food, be supplied with food or be reimb…

§ 5113. Leave for Olympic competition. (a) The State shall grant to any employee leave from employment to participate as a member of the United States Team in any competition sanctioned by the United States Olympic Committee. Any leave so granted shall not exceed the time require…

§ 5114. Membership in Blood Bank of Delaware [Repealed].63 Del. Laws, c. 80, § 41; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 94, § 77; 72 Del. Laws, c. 204, § 2; 75 Del. Laws, c. 88, § 20(6); 81 Del. Laws, c. 66, § 25; repealed by 84 Del. Laws, c. 260, § 1, effective May 16, 20…

§ 5115. Protection of public employees reporting suspected violation of law. (a) For purposes of this section, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Ele…

§ 5116. Leave of absence upon adoption of child. (a) Any employee of the State who has been continuously employed on a full-time basis for at least 1 year at the time of application for leave under this section is entitled to 6 weeks unpaid leave upon the adoption of a minor chil…

§ 5117. Employees neither supplied with, nor reimbursed for, parking expenses associated with commutation to work; exceptions. (a) No state agency may rent parking spaces for employees’ or state officials’ private vehicles. It is the intent of this section to clearly establish th…

§ 5118. Unauthorized use of state mail services and/or state-paid-for postage. (a) Any person who uses state mail services and/or state-paid-for postage for such person’s own personal use or for the benefit or use of any person, committee, organization or association not entitled…

§ 5119. Leave for volunteer emergency duty. Any state employee, who is an active volunteer firefighter or active auxiliary member may, with the approval of the agency which employs such person, be permitted to respond to fire, rescue, ambulance or other emergency calls during reg…

§ 5120. Paid leave for birth of a child or adoption of a child. (a) Any full-time employee, who has been employed by the State for at least 1 year, shall be entitled to 12 weeks of paid leave upon the birth of a child of the employee, or upon the adoption by the employee of a chi…

§ 5121. Leave for serving on veteran funeral detail. Any state employee who is a veteran or a member of the National Guard Reserve may serve on 1 veteran funeral detail per calendar year without loss of pay, vacation, sick leave or personal leave credit.73 Del. Laws, c. 76, § 1;

§ 5122. Leave for bone marrow or organ donation. (a) Definitions. — (1) “Bone marrow” means the soft material that fills human bone cavities. (2) “Bone marrow donor” means a person from whose body bone marrow is taken to be transferred to the body of another person. (3) “Organ” m…

§ 5123. Employee housing. An agency may provide housing for an employee without reduction in salary provided such housing is on the site of the principal location of employment and further provided that the head of the department or agency has determined that such location of the…