TITLE 20

Military and Civil Defense

Military

CHAPTER 1. DELAWARE NATIONAL GUARD

Subchapter V. Calling Out of National Guard


(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 serve in a state duty status to respond to any emergency situation.

(2) Call out any member or members of the Delaware National Guard to serve on state duty status to plan for any emergency.

(3) Call out any unit or units, member or members of the Delaware National Guard to serve on state duty to fulfill obligations under any interstate emergency agreements or compacts; and such troops may be employed within or outside of Delaware as required by the agreement or compact.

(4) Call out units or members of the Delaware National Guard for training or review as deemed appropriate subject to funding availability.

(b) The Governor shall serve as commander-in-chief of the Delaware National Guard when it is not in federal service.

20 Del. Laws, c. 392, § 42; 22 Del. Laws, c. 284, § 1; 24 Del. Laws, c. 62, § 4; Code 1915, §§ 311, 325; 32 Del. Laws, c. 22, § 1; Code 1935, § 285; 47 Del. Laws, c. 329, § 6; 20 Del. C. 1953, § 171; 64 Del. Laws, c. 258, § 1; 72 Del. Laws, c. 106, § 20.;

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 county or city in which the troops are serving, or any specified part thereof, to be in a state of insurrection.

24 Del. Laws, c. 62, § 4; Code 1915, § 325; 32 Del. Laws, c. 22, § 1; Code 1935, § 285; 47 Del. Laws, c. 329, § 6; 20 Del. C. 1953, § 172; 64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1.;

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 required, they shall be liable to such punishment as a general court-martial may determine.

20 Del. Laws, c. 392, § 43; Code 1915, § 312; 32 Del. Laws, c. 22, § 1; Code 1935, § 286; 47 Del. Laws, c. 329, § 7; 20 Del. C. 1953, § 173; 64 Del. Laws, c. 258, § 1.;

Repealed by 72 Del. Laws, c. 106, § 21, effective July 1, 1999.;

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 National Guard has been called out upon state duty.

Any portion of the Delaware National Guard parading or performing any duty according to law shall have the right-of-way in any street or highway through which they may pass. The carriage of the United States mails, the legitimate functions of the police and the progress and operation of fire engines and fire departments shall not be interfered with thereby.

20 Del. Laws, c. 392, § 44; Code 1915, § 313; 32 Del. Laws, c. 22, § 1; Code 1935, § 287; 20 Del. C. 1953, § 175; 64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1.;

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 Del. Laws, c. 22, § 1; Code 1935, § 289; 20 Del. C. 1953, § 176; 64 Del. Laws, c. 258, § 1.;

(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 without leave.

(b) Whoever intrudes within the limits fixed under this section, when forbidden to do so, or whoever, after entering within such limits by permission, conducts himself or herself in a disorderly manner or whoever resists a sentry or guard acting under orders to prevent such entry or disorderly conduct shall be fined not less than $10 nor more than $100, and the costs of prosecution, and civil contempt processes may be used to obtain payment of same.

(c) Whoever violates this section may be arrested by the commanding officer or by the commanding officer's order.

(d) Justices of the peace shall have jurisdiction of offenses under this section.

20 Del. Laws, c. 392, § 54; Code 1915, § 321; 32 Del. Laws, c. 22, § 1; Code 1935, § 295; 20 Del. C. 1953, § 177; 64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1.;

(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 this subchapter, shall be liable, either civilly or criminally, for the death of or injury to persons, or for damage to property, as a result of such activity.

(b) The National Guard of the State and the officers, members, agents and representatives thereof, engaged in any state duty pursuant to this subchapter or of Chapter 31 of this title, shall have the authority to enforce any and all laws of this State and any and all ordinances of any municipality wherein such service is performed and shall be considered as officers of this State and of such municipality.

(c) If the National Guard of this State or any officer, member, agent or representative thereof is prosecuted by civil or criminal action, whether State or federal, for an act committed or performed by such organization or person while engaged in any state duty, pursuant to this subchapter or of Chapter 31 of this title, all the expense of the defense of such action or actions, including, without limitation, attorney's fees, witnesses' fees for the defense, defendant's court costs and all costs for transcripts of records and abstracts thereof on appeal by the defense, shall be paid by the State; provided that the Attorney General of the State shall be first consulted in regard to, and approve of, the selection of the attorney for the defense; and provided, further, that the Attorney General of the State may, if the Attorney General of the State sees fit, assume the responsibility for the defense of such member and conduct the same personally or by any 1 of the Attorney General assistants. The expenses of such defense shall be paid by the State Treasurer from any moneys not otherwise appropriated, upon warrants therefor signed by the Adjutant General and countersigned by the Attorney General.

(d) If, as a result of criminal or civil action based all, or in part, on federal law, the National Guard of the State or any officer, member, agent or representative thereof is subject to liability which would not result if this section were applicable, such agency or person shall be completely indemnified and held harmless by the State.

(e) For purposes of this section, no officer, member, agent or representative of the National Guard of the State shall be held to have acted in bad faith, with gross negligence or with wilful misconduct if such person believed at the time of such act that such act was reasonably necessary to comply with this subchapter or Chapter 31 of this title, or any order, rule or regulation promulgated pursuant to such subchapter and chapter or protect such officer, member, agent or representative, other persons or property.

60 Del. Laws, c. 400, § 1; 64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1.;

(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 license if the state-issued license expired while the service member was deployed outside of the State, so long as the service member presents the appropriate National Guard credentials to the State agency responsible for issuing the license, and pays the license renewal fee, within 90 days of the service member's return to the State or termination of service.

(b) For purposes of this section only, "state-issued license" includes, but is not limited to, vehicle registrations and driver's licenses issued pursuant to Title 21, hunting, trapping and fishing licenses issued pursuant to Title 7, and professional licenses issued pursuant to Title 24.

77 Del. Laws, c. 455, § 1.;