CHAPTER 382

REQUIRING ATTENDANCE OF WITNESSES

AN ACT TO AMEND TITLE 29, DELAWARE CODE, ENTITLED "STATE GOVERNMENT" IN REGARD TO THE RIGHT OF THE GENERAL ASSEMBLY TO REQUIRE ATTENDANCE AND PRODUCTION OF RECORDS AND TO ADMINISTER OATHS AND AFFIRMATIONS AND PROVIDING PENALTIES FOR FAILURE TO COMPLY.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein):

Section 1. § 705, Title 29, Delaware Code, is amended to read as follows:

§ 705. Power of subpoena; administration of oaths or affirmations; penalties for non-compliance

(a) Whenever it is necessary in connection with any of the powers and duties of the General Assembly of the State of Delaware, the Senate or the House of Representatives may require the attendance of any resident of the State of Delaware and may require any resident to produce any records or papers in his possession located within the State of Delaware by issuing subpoenas and any other necessary legal process.

(b) Any member of the General Assembly may administer oaths or affirmations to witnesses in connection with any hearing or investigation conducted by the House of which he is a member or a committee of which he is a member.

(c) Whoever having been summoned as a witness as herein provided wilfully makes default, or whoever having appeared refuses to answer any question pertinent to the question under inquiry or whoever having possession of records required in a subpoena fails to produce the same shall be fined not more than $1,000 or imprisoned not more than 12 months, or both.

(d) Nothing in this section shall be construed as a waiver by the General Assembly of its inherent right to issue subpoenas and to punish for contempt of the General Assembly without the intervention of a Court.

Approved July 1, 1955.