General Provisions

CHAPTER 1. Delaware Code

§ 101. Designation and citation of Code.

(a) The laws embraced in this title and the following titles, parts, chapters, subchapters and sections, as amended from time to time, shall constitute and be known as the “Delaware Code,” hereinafter referred to as “the Code” or “this Code.”

(b) The Code may be cited by the abbreviation “Del. C.” preceded by the number of the title and followed by the number of the section, chapter or part in the title. Examples: Section 101 of Title 1 may be cited as 1 Del. C. § 101; chapter 3 of Title 2 may be cited as 2 Del. C. c. 3; Part V of Title 3 may be cited as 3 Del. C. Part V. When citing a section of the Code, the subchapter, chapter or part in which the section is found need not be included in the citation.

1 Del. C. 1953, §  101;  49 Del. Laws, c. 220, §  1

§ 101A. Designation of the Rules.

Rules of practice and procedure adopted by the state and federal courts of Delaware shall constitute and be known as the “Delaware Rules Annotated,” hereinafter referred to as “the Rules.”

79 Del. Laws, c. 387, §  1

§ 102. Effective date of Code.

This Code shall become effective upon enactment.

1 Del. C. 1953, §  102;  60 Del. Laws, c. 56, §  2

§ 103. Repeal of prior laws.

All codes, and parts thereof, and all laws amendatory thereof and all other statutes, and parts thereof, of a general and permanent nature in effect on December 31, 1974, are repealed unless (1) expressly continued by specific provision of this Code, (2) omitted improperly or erroneously as a consequence of compilation, revision, or both, of laws enacted subsequent to the enactment of the Code which became effective on February 23, 1953, including, without limitation, any such omissions that may have occurred during the compilation, revision, or both, of the laws comprising this Code, or (3) omitted, changed or modified by the Revisors, or their predecessors, in a manner not authorized by § 211 of this title. In the event 1 of the above exceptions should be applicable, the law as it existed prior to May 13, 1975, shall continue to be valid, effective and controlling.

1 Del. C. 1953, §  103;  60 Del. Laws, c. 56, §  3

§ 104. Continuation of existing institutions, rights, and liabilities.

(a) The repeal of prior laws, provided in § 103 of this title, shall not affect any act done, or any cause of action accruing or accrued, or established, or any suit or proceeding had or commenced in any civil action, nor any plea, defense, bar, or matter subsisting before the time when such repeal shall take effect; but the proceedings in every such case shall conform with the provisions of this Code.

(b) All the provisions of laws repealed by § 103 of this title shall be deemed to have remained in force from the time when they began to take effect, so far as they may apply to any department, agency, office, or trust, or any transaction, or event, or any limitation, or any right, or obligation, or the construction of any contract already affected by such laws, notwithstanding the repeal of such provisions.

(c) No offense committed, and no penalty or forfeiture incurred, under any of the laws repealed by § 103 of this title, and before the time when such repeal shall take effect, shall be affected by such repeal.

(d) No action or prosecution, pending on the effective date of the repeal provided in § 103 of this title, for any offense committed or for the recovery of any penalty or forfeiture, incurred under any of the laws repealed by such section, shall be affected by such repeal; except that the proceedings in such action or prosecution shall conform with the provisions of this Code.

1 Del. C. 1953, §  104; 

§ 105. Effect on private or local acts.

No private act, or act of local application, or portion of any prior Code or other statute pertaining to the City of Wilmington, or special act of incorporation, in effect on the date of enactment of this Code, and not revised and brought into this Code, shall be affected by any provision hereof.

1 Del. C. 1953, §  105; 

§ 106. Effect on acts heretofore repealed.

No statute which heretofore has been repealed shall be revived by the repeal provided in § 103 of this title.

1 Del. C. 1953, §  106; 

§ 107. Effect of repeal of validating statutes.

The repeal by § 103 of this title of a statute validating previous acts, contracts or transactions shall not affect the validity of such acts, contracts or transactions, but the same shall remain as valid as if there had been no such repeal.

1 Del. C. 1953, §  107; 

§ 108. Distribution of Code, Rules, and supplements.

(a) All legislative, executive, judicial, or other state governmental entities or agencies shall have the Delaware Code available electronically.

(b) Each state entity or agency desiring printed copies of the Delaware Code, and supplements thereto, and the Rules, and supplements thereto, purchased by the State shall annually certify to Legislative Council the exact number of printed copies that entity or agency requires and the reason such copies are necessary by September 1 of each year.

(c) Legislative Council shall be responsible for budgeting the necessary funds to provide copies of the Delaware Code, and supplements thereto, and the Rules, and supplements thereto. Any additional copies of the Delaware Code, and supplements thereto, and the Rules, and supplements thereto, over current allocations shall be the responsibility of the requesting entity or agency. Special orders, such as individual titles, shall continue to be the responsibility of each entity or agency.

1 Del. C. 1953, §  108;  50 Del. Laws, c. 230, §  151 Del. Laws, c. 134, §  453 Del. Laws, c. 72, §§  3, 456 Del. Laws, c. 8457 Del. Laws, c. 105, §§  1-458 Del. Laws, c. 560, §  159 Del. Laws, c. 253, §  160 Del. Laws, c. 220, §  161 Del. Laws, c. 286, §  162 Del. Laws, c. 117, §  164 Del. Laws, c. 453, §  169 Del. Laws, c. 67, §  270 Del. Laws, c. 186, §  172 Del. Laws, c. 190, §  173 Del. Laws, c. 65, §§  1-373 Del. Laws, c. 143, §  175 Del. Laws, c. 88, §§  21(1), 22(1), 26(1)78 Del. Laws, c. 120, §  179 Del. Laws, c. 387, §  1

§ 109. Amendments to Code.

(a) All laws enacted after May 13, 1975, of a public and general nature, but not local, private or temporary laws, shall be enacted as amendments to the titles of this Code. If the subject matter of any such law is already generally embodied in one of the titles of this Code or can appropriately be classified therein, such new law shall be enacted as an amendment to such title of the Code. If it is not possible to classify the subject matter of a new law in an existing title, a new title shall be enacted containing such new law as a chapter or chapters, each chapter to contain a proper designation and descriptive name or heading, as provided in subsection (c) of this section.

(b) A new title shall be created only as a last resort and only when it would be unreasonable to include the new law in an existing title. If a new title is created, it shall be given a name and a number following that of the then last title number. New titles shall be given names which are broad and comprehensive in scope so that each will accommodate the greatest number of new laws having related subject matter.

(c) The skips and gaps in the numbering of the chapters and sections of this Code are for the purpose of accommodating future growth and expansion of the law thereby permitting the insertion in the Code of new laws in their most logical positions with respect to existing related laws. When a new chapter is enacted it shall be given a name, which shall be sufficiently broad and comprehensive to describe generally its subject matter, and a number designating its position within a title. Such chapter name is not to be confused with the title of a bill which is dealt with in § 16, article II of the Constitution of this State.

(d) (1) When it is the purpose of a bill to change the language of a code provision, as distinct from affecting an outright repeal of the code provision, the change shall not be made by repealing the code provision and enacting a new section in lieu thereof. Any bill which amends an existing code provision shall set out in full that part of the code provision to be amended and shall indicate the words to be deleted by strike through and shall indicate new words by underline. If the changes are such as do not lend themselves easily to this type of amendment, the amending act may state that the section (specifying it by section and title number) is amended to read as thereinafter set forth. A section should be repealed, as distinct from amended, when an outright repeal thereof is intended or when the subject matter of the proposed new law is more than a mere amendment or revision of the old section.

(2) In the case of amendments to bills, the amendment shall indicate the line or lines affected by the amendment and then set forth the text to be deleted in quotation marks or where text is to be inserted by identifying the text in quotation marks on either side of the insertion, if necessary. The amendment to the bill shall instruct whether or not text is to be deleted or inserted. Text to be deleted or inserted shall be set forth in quotation marks and shall be marked as if in the bill with the appropriate strike through, underline or neither.

(3) The provisions of paragraph (d)(1) of this section shall not be applicable to the annual operating budget, capital improvements budget and grants in aid legislation. Such legislation shall have attached a side-by-side comparison of prior year appropriations and appropriations contained within the legislation, along with a corresponding comparison of authorized positions. However, all other provisions of this section shall remain applicable to appropriations legislation.

(e) When sections of this Code are amended, the descriptive headings or catchlines immediately preceding, or within them, need not be amended, and when new sections are enacted, descriptive headings or catchlines need not be enacted to accompany them, in view of § 306 of this title, except that any desired changes in the section numbers contained in any such headings or catchlines shall be made by specific statutory amendments of such numbers, and new sections shall be assigned proper title section numbers by the law or laws that enact them.

(f) Title names, and part, chapter, and subchapter headings, except as they appear in the analyses referred to in § 306 of this title, constitute part of the law, and shall not be changed except by specific statutory amendment thereof.

(g) In the enactment of new laws, the plan, scheme, style, format and arrangement of this Code shall be followed as closely as possible to the end that the Code and all amendments thereto will comprise a harmonious entity containing all the laws of this State, then in effect, of a public and general nature.

(h) No law shall be invalid because it was not enacted in conformity with this section.

1 Del. C. 1953, §  109;  60 Del. Laws, c. 56, §  478 Del. Laws, c. 90, §§  1, 380 Del. Laws, c. 88, §  1

§ 110. Supplements as part of Code.

The laws appearing in this Code adopted after the effective date hereof or contained in any current pocket parts or supplements to this Code, printed and published hereafter under contract or otherwise as may be authorized by law, shall constitute, prima facie, a part of this Code if such laws, as so contained, purport to represent reproductions of statutory amendments of this Code, as stated in accompanying notes thereto. If any such pocket parts or supplements are printed and published on a cumulative basis, then only such laws contained in the latest publication thereof shall constitute, prima facie, a part of this Code.

1 Del. C. 1953, §  110;