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Delaware Statutes, Title 20

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Delaware/Statutes

← All Delaware coverage

Title 20, Military and Civil Defense

12 chapters · 145 sections in this title.

All chapters in Title 20145 Ch 1, DELAWARE NATIONAL GUARD57 Ch 31, EMERGENCY MANAGEMENT45 Ch 32, Intrastate Mutual Aid Compact13 Ch 3, State Defense Forces8 Ch 7, Medals, Decorations and Honors7 Ch 12, Delaware Veterans Memorial Cemetery4 Ch 9, Miscellaneous Matters Relating to Mi…3 Ch 34, Emergency Management Assistance Compact3 Ch 33, Interstate Civil Defense and Disaste…2 Ch 5, War Records1 Ch 10, Veterans With Paraplegia1 Ch 35, Registration of Communists1

145 sections·Filtered byTitle 20✕

20 Del. C. § 101. State militia; name.
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§ 101. State militia; name. The active militia of this State shall be organized and known as the Delaware National Guard and shall be subject at all times to the orders of the officers thereof.20 Del. Laws, c. 392, § 1; 24 Del. Laws, c. 62, § 1; Code 1915, § 293; 32 Del. Laws, c.…
20 Del. C. § 102. Definitions.
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§ 102. Definitions. As used in this chapter: (1) “National Defense Act” means an act of Congress, entitled, “An Act for making further and more effectual provisions for the national defense, and for other purposes” approved by the President, June 3, 1916, and any and all acts ame…
20 Del. C. § 103. Conformity with federal statutes; powers of Governor.
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§ 103. Conformity with federal statutes; powers of Governor. The National Guard of this State shall conform to federal statutes and regulations relating to and governing the armed forces of the United States, insofar as they are applicable and not inconsistent with the Constituti…
20 Del. C. § 104. Rules and regulations.
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§ 104. Rules and regulations. (a) In order to fulfill the purposes of this chapter, the Adjutant General may make and publish rules and regulations for the government, discipline and exercise of the Delaware National Guard. (b) Such rules and regulations shall, so far as practica…

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20 Del. C. § 105. Uniforms, arms and equipment.

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§ 105. Uniforms, arms and equipment. The Delaware National Guard shall be uniformed, armed and equipped, as nearly as practicable, in accordance with federal statutes and regulations in relation to uniforms, arms and equipment.20 Del. Laws, c. 392, § 23; Code 1915, § 303; 32 Del.…

20 Del. C. § 106. Disbanding of unit incapacitated to discharge its duties.

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§ 106. Disbanding of unit incapacitated to discharge its duties. If it appears to the Commander in Chief that a company of the Delaware National Guard has failed to comply with the requirements of the law so that it is incapacitated to discharge the duties required of it, such co…

20 Del. C. § 107. Bills and allowances; how paid.

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§ 107. Bills and allowances; how paid. No bill or allowance, on account of the Delaware National Guard, authorized by this chapter, shall be paid by the State Treasurer unless the bill or allowance is itemized and its contents duly certified to by the Adjutant General or by an of…

20 Del. C. § 108. Donations to National Guard.

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§ 108. Donations to National Guard. (a) Any county, municipality or corporation in this State may appropriate money out of the treasury of such municipality, county or corporation, donate any other valuable thing or grant or lease any land belonging to it for the purpose of aidin…

20 Del. C. § 109. Delaware National Guard Counterdrug Task Force.

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§ 109. Delaware National Guard Counterdrug Task Force. For purposes of transfers of property forfeited to the United States under the Controlled Substance Act (21 U.S.C. § 881), the Delaware National Guard Counterdrug Task Force shall be designated as a law-enforcement agency for…

20 Del. C. § 121. Established; composition.

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§ 121. Established; composition. The Delaware National Guard, the Delaware State Defense Forces and the Delaware militia, when not in the service of the United States, shall be governed and their affairs administered pursuant to the laws of this State, and the laws of the United …

20 Del. C. § 122. Adjutant General; appointment; qualifications.

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§ 122. Adjutant General; appointment; qualifications. (a) The Adjutant General is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution. (b) To be eligible for appointment to the office of Adjutant General a person must have served…

20 Del. C. § 123. Adjutant General — Powers and duties.

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§ 123. Adjutant General — Powers and duties. The Adjutant General shall be responsible to the Commander in Chief for carrying out the policies of the Commander in Chief and shall issue orders in the Commander in Chief’s name. To accomplish this end the Adjutant General shall have…

20 Del. C. § 124. Assistant Adjutants General — Rank; appointment; qualifications.

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§ 124. Assistant Adjutants General — Rank; appointment; qualifications. The Adjutant General will be assisted by an Assistant Adjutant General of the Army National Guard in the Department of Military Affairs and an Assistant Adjutant General of the Air National Guard in the Depar…

20 Del. C. § 125. Assistant Adjutants General — Duties in absence or disability of Adjutant General.

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§ 125. Assistant Adjutants General — Duties in absence or disability of Adjutant General. In case of absence or disability of the Adjutant General to perform the duties of the office of Adjutant General, the Commander in Chief shall designate 1 of the Assistant Adjutants General …

20 Del. C. § 126. Service Officers; appointment and duties [Repealed].

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§ 126. Service Officers; appointment and duties [Repealed].Code 1915, § 297; 40 Del. Laws, c. 73, § 1; Code 1935, § 260; 47 Del. Laws, c. 329, § 2; 20 Del. C. 1953, § 124; 64 Del. Laws, c. 258, § 1; repealed by 80 Del. Laws, c. 387, § 1, effective Aug. 10, 2016.;

20 Del. C. § 127. Military staff of Governor.

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§ 127. Military staff of Governor. The military staff of the Governor shall consist of the Adjutant General, the Assistant Adjutants General, and such personal aides-de-camp as the Governor may select. Commissioned officers of the Delaware National Guard, if detailed as aides-de-…

20 Del. C. § 128. Duties of Department of Military Affairs.

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§ 128. Duties of Department of Military Affairs. The Department of Military Affairs shall assist the Adjutant General in carrying out the duties of that office and shall also consult with the Adjutant General in carrying out the following duties: (1) Make such changes in the mili…

20 Del. C. § 129. Commissioned and warrant officers; oath and term of appointment.

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§ 129. Commissioned and warrant officers; oath and term of appointment. All officers known as commissioned officers and warrant officers, appointed under and by authority of this chapter shall, before entering upon the duties of their several and respective offices, take and subs…

20 Del. C. § 130. Regulations as to appointment of officers and other matters.

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§ 130. Regulations as to appointment of officers and other matters. The Governor of this State may issue such regulations governing the appointment of officers in the National Guard of this State and such other matters pertaining to the National Guard as may be necessary in order…

20 Del. C. § 131. Enlistment and oath.

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§ 131. Enlistment and oath. Enlistment and oath of enlistment in the National Guard of this State shall be in conformity with the provisions of the National Defense Act and any amendments thereto.20 Del. Laws, c. 392, § 10; 24 Del. Laws, c. 62, § 1; Code 1915, § 300; 32 Del. Laws…

20 Del. C. § 132. Death of veteran personnel; state flags to half-staff.

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§ 132. Death of veteran personnel; state flags to half-staff. If any unit of the Delaware National Guard learns of the death of any its current or retired members, said unit may, on the day on which the deceased member is to be buried, cremated or otherwise interred or ceremoniou…

20 Del. C. § 133. Retirement of officers and enlisted personnel.

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§ 133. Retirement of officers and enlisted personnel. Repealed by 73 Del. Laws, c. 263, § 1, effective May 17, 2002.

20 Del. C. § 134. Retirement of officers and enlisted personnel — Rights of retired officers and enlisted personnel.

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§ 134. Retirement of officers and enlisted personnel — Rights of retired officers and enlisted personnel. Retired officers and enlisted personnel shall be borne on the roster of the Delaware National Guard as so retired and shall be entitled to wear the uniform of the highest gra…

20 Del. C. § 135. Oaths and affirmations; who may administer; false swearing.

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§ 135. Oaths and affirmations; who may administer; false swearing. (a) General, field, commissioned and warrant officers may administer oaths and affirmations in all matters appertaining to or concerning the Delaware National Guard service, but in no case shall they charge any fe…

20 Del. C. § 136. State armories and arsenals; use; rentals; payment of orders; application for federal funds.

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§ 136. State armories and arsenals; use; rentals; payment of orders; application for federal funds. (a) The Adjutant General shall determine the use of armories and arsenals by military units of the Delaware National Guard. (b) The Adjutant General may enter into, on behalf of th…

20 Del. C. § 141. Property accountability.

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§ 141. Property accountability. (a) Any officer, enlisted member, employee or agent of the Delaware National Guard who receives state or federal property or funds for military use shall be liable under the appropriate state and federal regulations for the proper safeguarding of s…

20 Del. C. § 142. Arms and property to be deposited on order of proper officer; penalty; notice; lost or damaged arms or equipment.

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§ 142. Arms and property to be deposited on order of proper officer; penalty; notice; lost or damaged arms or equipment. (a) All arms, equipment or other property furnished to organizations of the Delaware National Guard shall, when required by the Adjutant General or the command…

20 Del. C. § 143. Recovery of arms and property of disbanded company.

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§ 143. Recovery of arms and property of disbanded company. Upon disbandment of any company or organization which has received arms, equipment or any other property of the State or of the United States for military purposes, the commanding officer of such company or organization s…

20 Del. C. § 144. Enforcement; jurisdiction; appearance through designated officer.

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§ 144. Enforcement; jurisdiction; appearance through designated officer. (a) The Justice of the Peace Courts shall have jurisdiction to enforce this subchapter. (b) The Delaware National Guard may appear in Justice of the Peace Court by and through any officer designated by the A…

20 Del. C. § 151. Kinds of courts-martial; procedures; jurisdiction; Military Judges; Judge Advocates.

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§ 151. Kinds of courts-martial; procedures; jurisdiction; Military Judges; Judge Advocates. (a) Courts-martial shall be of 3 kinds: general, special and summary. These courts shall be constituted like similar courts-martial of the Army and Air Force of the United States to the ex…

20 Del. C. § 152. General courts-martial.

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§ 152. General courts-martial. (a) The Governor or Adjutant General may convene a general court-martial by appropriate order. (b) A general court-martial may impose a sentence of: (1) A fine of not more than the member’s pay and allowances for 24 unit training assemblies; (2) For…

20 Del. C. § 153. Special courts-martial.

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§ 153. Special courts-martial. (a) A commander of the rank of O-6 (Colonel), the commander of any other unit specifically designated by the Adjutant General, the Assistant Adjutant General for the Army National Guard, the Assistant Adjutant General for the Air National Guard and …

20 Del. C. § 154. Summary courts-martial.

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§ 154. Summary courts-martial. (a) A commander of any unit of the Delaware National Guard may be appropriate order convene a summary court-martial consisting of 1 officer. (b) A summary court-martial may impose a sentence of: (1) A fine of not more than the member’s pay and allow…

20 Del. C. § 155. Penalties.

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§ 155. Penalties. (a) When not in federal service under Title 10 of the United States Code, the punishment which a court-martial may direct for an offense shall not exceed such limits as prescribed by the Uniform Code of Military Justice (UCMJ) subject to the limitations in this …

20 Del. C. § 156. Sentences which require Governor’s approval.

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§ 156. Sentences which require Governor’s approval. When not in federal service under Title 10 of the United States Code, sentence of dismissal or dishonorable or bad conduct discharge from the service imposed by court-martial shall not be executed until approved by the Governor.…

20 Del. C. § 157. Process.

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§ 157. Process. The President, Military Judge, or Summary Court Officer of any court-martial convened under this title may: (1) Issue warrants, subpoenas or subpoenas duces tecum to compel appearance at a court-martial or to enforce the Court’s judgments. (2) Issue such other pro…

20 Del. C. § 158. Disobedience of subpoenas.

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§ 158. Disobedience of subpoenas. (a) Any member of the Delaware National Guard who fails to obey a subpoena issued by a court-martial shall be punished by the court-martial under the terms of the Uniform Code of Military Justice as adopted by regulation of the Delaware National …

20 Del. C. § 159. Payment of fines.

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§ 159. Payment of fines. (a) Upon approval of the sentence of any court-martial to pay a fine by the court-martial convening authority, the fine so imposed shall be immediately due and payable to the State of Delaware General Fund, through the commander of the member’s unit to be…

20 Del. C. § 162. Violation of duties by sheriffs, constables and wardens.

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§ 162. Violation of duties by sheriffs, constables and wardens. Whoever, being a sheriff, constable or prison warden neglects or refuses to: (1) Execute any process, or (2) Make proper return of all fines and penalties collected, shall be fined $100 for each such offense for the …

20 Del. C. § 163. Nonjudicial punishment.

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§ 163. Nonjudicial punishment. Any commanding officer of the Delaware National Guard, not in federal service under Title 10 of the United States Code, may, in addition to or in lieu of admonition or reprimand, impose nonjudicial punishment in a like manner and to the extent presc…

20 Del. C. § 171. Governor as Commander in Chief; call out of National Guard for state duty.

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§ 171. Governor as Commander in Chief; call out of National Guard for state duty. (a) When the Governor has determined that it is in the best interest of the State, the Governor by order may: (1) Call out any unit or units, member or members of the Delaware National Guard to serv…

20 Del. C. § 172. Proclamation of state of insurrection.

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§ 172. Proclamation of state of insurrection. Whenever any portion of the Delaware National Guard is employed in aid of the civil authority, the Governor, if in the Governor’s judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the coun…

20 Del. C. § 173. Requisition for military force; neglect to respond to notice.

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§ 173. Requisition for military force; neglect to respond to notice. All requisitions for military force shall be made known to the forces whose services are required by the commanding officer thereof, and, upon refusal of those notified to attend the summons and perform the duty…

20 Del. C. § 174. Field maneuvers, target practice or review.

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§ 174. Field maneuvers, target practice or review. Repealed by 72 Del. Laws, c. 106, § 21, effective July 1, 1999.

20 Del. C. § 175. Exemption from arrest; right-of-way.

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§ 175. Exemption from arrest; right-of-way. No person belonging to the military forces of this State shall be arrested on any civil process while going to, remaining at or returning from any place at which such person may be ordered to attend for military duty when the Delaware N…

20 Del. C. § 176. Rules governing troops when called into service.

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§ 176. Rules governing troops when called into service. Whenever the troops are called into active federal duty, the officers and personnel shall be governed by the regulations of the United States Army and United States Air Force.20 Del. Laws, c. 392, § 46; Code 1915, § 315; 32 …

20 Del. C. § 177. Bounds from which civilians are excluded; offenses of civilians; penalties; jurisdiction.

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§ 177. Bounds from which civilians are excluded; offenses of civilians; penalties; jurisdiction. (a) After the Delaware National Guard has been called out pursuant to this subchapter, the commanding officer thereof may fix certain bounds within which no spectator may enter withou…

20 Del. C. § 178. Immunity from civil and criminal liability.

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§ 178. Immunity from civil and criminal liability. (a) Neither this State, nor the National Guard of the State nor, except in cases of wilful misconduct, gross negligence or bad faith, the officers, members, agents or representatives thereof, engaged in any state duty pursuant to…

20 Del. C. § 179. Waiver of late fees for state-issued licenses.

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§ 179. Waiver of late fees for state-issued licenses. (a) No National Guard member or reservist who is called to active duty outside of the State, pursuant to the provisions of this subchapter, shall be liable for the payment of any late fee for the renewal of a state-issued lice…

20 Del. C. § 181. Service pay and expenses during emergency service

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§ 181. Service pay and expenses during emergency service (a) For every day of service while on State duty on account of an emergency or impending emergency, as listed in § 171 of this title, each enlisted member, officer or warrant officer of the Delaware National Guard shall rec…