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Delaware Statutes, Title 29

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Delaware/Statutes

← All Delaware coverage

Title 29, State Government

117 chapters · 1,920 sections in this title.

All chapters in Title 291,920 Ch 50, STATE ECONOMIC DEVELOPMENT79 Ch 69, STATE PROCUREMENT73 Ch 79, DEPARTMENT OF HEALTH AND SOCIAL SERVICES73 Ch 80, DEPARTMENT OF NATURAL RESOURCES AND …68 Ch 87a, ECONOMIC DEVELOPMENT64 Ch 48, LOTTERIES60 Ch 59, MERIT SYSTEM OF PERSONNEL ADMINISTRATION57 Ch 87, DEPARTMENT OF STATE57 Ch 25, STATE DEPARTMENT OF JUSTICE51 Ch 43, NOTARIES PUBLIC43 Ch 5, STATE ARCHIVES AND HISTORICAL OBJECTS41 Ch 82, Department of Safety and Homeland Se…39 Ch 3, State Seal, Song and Symbols35 Ch 58, LAWS REGULATING THE CONDUCT OF OFFIC…35

1,920 sections·Filtered byTitle 29✕

29 Del. C. § 4320. Notarial act performed for remotely located individual.
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§ 4320. Notarial act performed for remotely located individual. (a) For purposes of this section: (1) “Communication technology” means an electronic device or process that does both of the following: a. Allows a notarial officer and a remotely located individual to communicate wi…
29 Del. C. § 4321. Identification of individual.
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§ 4321. Identification of individual. (a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual h…
29 Del. C. § 4322. Authority to refuse to perform notarial act.
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§ 4322. Authority to refuse to perform notarial act. (a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that all of the following apply: (1) The individual executing the record is competent or has the capacity to execute the record. (2) Th…
29 Del. C. § 4322A. Signature if individual unable to sign.
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§ 4322A. Signature if individual unable to sign. If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (n…

29 Del. C. § 4323. Notarial act in this State.

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§ 4323. Notarial act in this State. (a) A notarial act may be performed in this State by any of the following: (1) A notary public of this State. (2) A judge, clerk, or deputy clerk of a court of this State. (3) An individual licensed to practice law in this State. (4) An individ…

29 Del. C. § 4324. Notarial act in another state.

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§ 4324. Notarial act in another state. (a) A notarial act performed in another state has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed in that state is performed by any of the following: (1) A notary public o…

29 Del. C. § 4325. Notarial act under authority of federally recognized Indian tribe.

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§ 4325. Notarial act under authority of federally recognized Indian tribe. (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this State, if the act performed…

29 Del. C. § 4326. Notarial act under federal authority.

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§ 4326. Notarial act under federal authority. (a) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed under federal law is performed by any of the following: (1) A jud…

29 Del. C. § 4327. Foreign notarial act.

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§ 4327. Foreign notarial act. (a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe. (b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit o…

29 Del. C. § 4328. Certificate of notarial act.

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§ 4328. Certificate of notarial act. (a) A notarial act must be evidenced by a certificate. The certificate must meet all of the following: (1) Be executed contemporaneously with the performance of the notarial act. (2) Be signed and dated by the notarial officer and, if the nota…

29 Del. C. § 4329. Short form certificates.

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§ 4329. Short form certificates. The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by § 4328(a) and (b) of this title: (1) For an acknowledgment in an individual capacity: State of ________…

29 Del. C. § 4330. Official stamp of a notary public.

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§ 4330. Official stamp of a notary public. The official stamp of a notary public must meet all of the following: (1) Include all of the following: a. The notary public’s name as it appears on file with the Secretary of State. b. “State of Delaware”. c. “My Commission expires on” …

29 Del. C. § 4331. Stamping device of a notary public.

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§ 4331. Stamping device of a notary public. (a) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act. (b) On resignation from, or the revocation or expiration of, th…

29 Del. C. § 4332. Journal of a notary public.

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§ 4332. Journal of a notary public. (a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronic…

29 Del. C. § 4333. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record.

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§ 4333. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record. (a) A notarial officer may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic …

29 Del. C. § 4334. Grounds to deny, refuse to renew, revoke, suspend, or impose a condition on a commission of notary public.

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§ 4334. Grounds to deny, refuse to renew, revoke, suspend, or impose a condition on a commission of notary public. (a) The Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the ind…

29 Del. C. § 4335. Database of notaries public.

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§ 4335. Database of notaries public. The Secretary of State shall maintain an electronic database of notaries public that does all of the following: (1) Permits a person to verify the authority of a notary public to perform notarial acts. (2) Indicates whether a notary public has…

29 Del. C. § 4336. Prohibited acts of a notary public.

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§ 4336. Prohibited acts of a notary public. (a) A commission as a notary public does not authorize an individual to do any of the following: (1) Assist persons in drafting legal records, give legal advice, or otherwise practice law. (2) Act as an immigration consultant or an expe…

29 Del. C. § 4337. Validity of notarial acts.

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§ 4337. Validity of notarial acts. Except as otherwise provided in § 4317(b) of this title, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a …

29 Del. C. § 4338. Regulatory authority.

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§ 4338. Regulatory authority. (a) The Secretary of State may adopt rules to implement this chapter. Regulations adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation o…

29 Del. C. § 4339. Notary public commission in effect.

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§ 4339. Notary public commission in effect. A commission as a notary public in effect on August 1, 2023, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after August 1, 2023, is subject to and shall comply with th…

29 Del. C. § 4340. Applicability; savings clause.

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§ 4340. Applicability; savings clause. (a) This subchapter applies to a notarial act performed on or after August 1, 2023. (b) This subchapter does not affect the validity or effect of a notarial act performed before August 1, 2023.83 Del. Laws, c. 425, § 11;

29 Del. C. § 4341. Uniformity of application and construction.

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§ 4341. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.83 Del. Laws, c. 425, § 11;

29 Del. C. § 4342. Relation to Electronic Signatures in Global and National Commerce Act.

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§ 4342. Relation to Electronic Signatures in Global and National Commerce Act. This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 7001(c), or…

29 Del. C. § 4401. Poet Laureate.

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§ 4401. Poet Laureate. The Governor may appoint a Poet Laureate for Delaware to serve at the pleasure of the Governor. The Poet Laureate shall perform such duties as may be requested by the Governor or the Secretary of State or their designees.29 Del. C. 1953, § 4401; 54 Del. Law…

29 Del. C. § 4501. Delaware Hispanic Commission; creation and purpose.

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§ 4501. Delaware Hispanic Commission; creation and purpose. The Delaware Hispanic Commission (“Commission”) is created to do all of the following: (1) Advise the Governor, members of the Governor’s Cabinet, members of the General Assembly, and other policymakers on ways to improv…

29 Del. C. § 4502. Membership; qualifications; terms [Effective until July 1, 2028].

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§ 4502. Membership; qualifications; terms [Effective until July 1, 2028]. (a) (1) Except as otherwise provided in subsection (e) of this section, the Commission consists of no more than 18 members who are appointed by the Governor. (2) The members appointed under paragraph (a)(1)…

29 Del. C. § 4503. Organization; quorum.

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§ 4503. Organization; quorum. (a) The Commission shall adopt bylaws to carry out the purpose and duties of the Commission, including to do all of the following: (1) Elect an officer. (2) Remove an officer. (3) Create standards and ethics for members of the Commission. (4) Remove …

29 Del. C. § 4504. Authority.

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§ 4504. Authority. The Commission is under the authority of the Secretary of State and has the powers, duties, and functions described in § 4501 of this title and other duties and functions that may be referred to the Commission by the Governor, the Secretary of State, or the Gen…

29 Del. C. § 4505. Committees; creation and purpose.

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§ 4505. Committees; creation and purpose. The Commission may create a committee, which may include nonmembers, to do any of the following: (1) Engage with other organizations and individuals in the State that share a similar mission. (2) Exchange ideas and information with other …

29 Del. C. § 4506. Compensation.

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§ 4506. Compensation. All members of the Commission and all members of a committee established by the Commission serve without compensation.84 Del. Laws, c. 426, § 1;

29 Del. C. § 4507. Budget.

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§ 4507. Budget. Each fiscal year, the Commission shall send a proposed annual budget to the Secretary of State and the Commission must operate within the limit of the General Assembly’s appropriation of funds.84 Del. Laws, c. 426, § 1;

29 Del. C. § 4600. Short title.

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§ 4600. Short title. This chapter may be cited as the “Office of Defense Services Act.”29 Del. C. 1953, § 4607; 54 Del. Laws, c. 227, § 1; 69 Del. Laws, c. 286, § 1; 80 Del. Laws, c. 26, § 1; 84 Del. Laws, c. 510, § 3;

29 Del. C. § 4601. Office of Defense Services.

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§ 4601. Office of Defense Services. There is created the Office of Defense Services, comprised of 3 branches: Central Administration, the Public Defender’s Office and the Office of Conflicts Counsel.29 Del. C. 1953, § 4601; 54 Del. Laws, c. 227, § 1; 80 Del. Laws, c. 26, § 1;

29 Del. C. § 4602. Appointment; representation of defendants.

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§ 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…

29 Del. C. § 4603. Term of office; compensation; assistants.

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§ 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 …

29 Del. C. § 4604. Representation of indigent persons.

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§ 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…

29 Del. C. § 4605. Appointment of additional counsel.

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§ 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…

29 Del. C. § 4606. Annual reports.

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§ 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. …

29 Del. C. § 4607. Administrative fee assessment [Repealed].

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§ 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.;

29 Del. C. § 4608. Representation of indigent parents in DSCYF custody proceedings.

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§ 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…

29 Del. C. § 4701. Division of Forensic Science established; purpose.

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§ 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…

29 Del. C. § 4701A. Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16].

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§ 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…

29 Del. C. § 4702. Rules and regulations.

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§ 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, …

29 Del. C. § 4703. Appointment of professional and other personnel.

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§ 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,…

29 Del. C. § 4704. Duties of Medical Examiners.

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§ 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…

29 Del. C. § 4705. Office and equipment.

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§ 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…

29 Del. C. § 4706. Investigation of deaths [For application of this section, see 84 Del. Laws, c. 261, § 16].

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§ 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…

29 Del. C. § 4707. Postmortem examination; autopsy reports.

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§ 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…

29 Del. C. § 4708. Forensic Sciences Laboratory.

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§ 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;…