Delaware Code
Title 20 - Military and Civil Defense
Chapter 1. DELAWARE NATIONAL GUARD

Subchapter I. General Provisions

§ 101. State militia; name. - The active militia of this State shall be organized and...

§ 102. Definitions. - As used in this chapter: (1) “National Defense Act” means...

§ 103. Conformity with federal statutes; powers of Governor. - The National Guard of this State shall conform to federal...

§ 104. Rules and regulations. - (a) In order to fulfill the purposes of this chapter,...

§ 105. Uniforms, arms and equipment. - The Delaware National Guard shall be uniformed, armed and equipped,...

§ 106. Disbanding of unit incapacitated to discharge its duties. - If it appears to the Commander in Chief that a...

§ 107. Bills and allowances; how paid. - No bill or allowance, on account of the Delaware National...

§ 108. Donations to National Guard. - (a) Any county, municipality or corporation in this State may...

§ 109. Delaware National Guard Counterdrug Task Force. - For purposes of transfers of property forfeited to the United...

Subchapter II. Department of Military Affairs

§ 121. Established; composition. - The Delaware National Guard, the Delaware State Defense Forces and...

§ 122. Adjutant General; appointment; qualifications. - (a) The Governor shall appoint an Adjutant General, with the...

§ 123. Adjutant General — Powers and duties. - The Adjutant General shall be responsible to the Commander in...

§ 124. Assistant Adjutants General — Rank; appointment; qualifications. - The Adjutant General will be assisted by an Assistant Adjutant...

§ 125. Assistant Adjutants General — Duties in absence or disability of Adjutant General. - In case of absence or disability of the Adjutant General...

§ 127. Military staff of Governor. - The military staff of the Governor shall consist of the...

§ 128. Duties of Department of Military Affairs. - The Department of Military Affairs shall assist the Adjutant General...

§ 129. Commissioned and warrant officers; oath and term of appointment. - All officers known as commissioned officers and warrant officers, appointed...

§ 130. Regulations as to appointment of officers and other matters. - The Governor of this State may issue such regulations governing...

§ 131. Enlistment and oath. - Enlistment and oath of enlistment in the National Guard of...

§ 132. Death of veteran personnel; state flags to half-staff. - If any unit of the Delaware National Guard learns of...

§ 134. Retirement of officers and enlisted personnel — Rights of retired officers and enlisted personnel. - Retired officers and enlisted personnel shall be borne on the...

§ 135. Oaths and affirmations; who may administer; false swearing. - (a) General, field, commissioned and warrant officers may administer oaths...

§ 136. State armories and arsenals; use; rentals; payment of orders; application for federal funds. - (a) The Adjutant General shall determine the use of armories...

Subchapter III. Property; Accountability, Misappropriation and Injury

§ 141. Property accountability. - (a) Any officer, enlisted member, employee or agent of the...

§ 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...

§ 143. Recovery of arms and property of disbanded company. - Upon disbandment of any company or organization which has received...

§ 144. Enforcement; jurisdiction; appearance through designated officer. - (a) The Justice of the Peace Courts shall have jurisdiction...

Subchapter IV. Courts-Martial and Sentences

§ 151. Kinds of courts-martial; procedures; jurisdiction; Military Judges; Judge Advocates. - (a) Courts-martial shall be of 3 kinds: (1) Convictions by...

§ 152. General courts-martial. - (a) The Governor or Adjutant General may convene a general...

§ 153. Special courts-martial. - (a) A commander of the rank of O-6 (Colonel), the...

§ 154. Summary courts-martial. - (a) A commander of any unit of the Delaware National...

§ 155. Penalties. - (a) When not in federal service under Title 10 of...

§ 156. Sentences which require Governor's approval. - When not in federal service under Title 10 of the...

§ 157. Process. - The President, Military Judge, or Summary Court Officer of any...

§ 158. Disobedience of subpoenas. - (a) Any member of the Delaware National Guard who fails...

§ 159. Payment of fines. - (a) Upon approval of the sentence of any court-martial to...

§ 162. Violation of duties by sheriffs, constables and wardens. - Whoever, being a sheriff, constable or prison warden neglects or...

§ 163. Nonjudicial punishment. - Any commanding officer of the Delaware National Guard, not in...

Subchapter V. Calling Out of National Guard

§ 171. Governor as Commander in Chief; call out of National Guard for state duty. - (a) When the Governor has determined that it is in...

§ 172. Proclamation of state of insurrection. - Whenever any portion of the Delaware National Guard is employed...

§ 173. Requisition for military force; neglect to respond to notice. - All requisitions for military force shall be made known to...

§ 175. Exemption from arrest; right-of-way. - No person belonging to the military forces of this State...

§ 176. Rules governing troops when called into service. - Whenever the troops are called into active federal duty, the...

§ 177. Bounds from which civilians are excluded; offenses of civilians; penalties; jurisdiction. - (a) After the Delaware National Guard has been called out...

§ 178. Immunity from civil and criminal liability. - (a) Neither this State, nor the National Guard of the...

§ 179. Waiver of late fees for state-issued licenses. - (a) No National Guard member or reservist who is called...

Subchapter VI. Service Pay, Disability Compensation and Company Appropriations

§ 181. Service pay and expenses during emergency service - (a) For every day of service while on State duty...

§ 182. Disability and death benefits for injury or death occurring in service of the State. - (a) As used in this section, the phrase “service of...

§ 184. Unit fund grant. - The Delaware National Guard shall receive an appropriation annually for...

§ 185. Exemption from state merit system. - Personnel employed by the State to support the operations and...

§ 187. Service Members' Life Insurance Reimbursement Fund. - (a) The “Service Members' Life Insurance Reimbursement Fund” is created...

§ 188. . . State-sponsored life insurance. - All members of the Delaware National Guard will be entitled...