CHAPTER 296

FORMERLY

HOUSE BILL NO. 323

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF A PERSON’S LAST REMAINS

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §260(3), Title 12 of the Delaware Code by inserting after the word "title" and before the period "." at the end of the first sentence thereof the following:

"or a United States Department of Defense Record of Emergency Data Form (DD Form 93) or any successor form executed by the declarant".

Section 2. Amend §264, Title 12 of the Delaware Code by adding a new subsection "(d)" thereto as follows:

"(d) Notwithstanding any provision of this subchapter to the contrary, a United States Department of Defense Record of Emergency Data Form (DD Form 93) executed by a declarant who thereafter dies while serving in any branch of in the United States Military, as defined 10 U.S.C. 1481, shall constitute a valid form of declaration instrument and shall govern the disposition of such declarant’s last remains, unless a subsequent declaration instrument has been executed by the declarant.".

Approved June 15, 2010