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Delaware Laws | Title 20 Military and Civil Defense
CHAPTER 1. DELAWARE NATIONAL GUARD
Subchapter V. Calling Out of National Guard

(24 Del. Laws, c. 62, Sec. 4; Code 1915, Sec. 325; 32 Del. Laws, c. 22, Sec. 1; Code 1935, Sec. 285; 47 Del. Laws, c. 329, Sec. 6; 20 Del. C. 1953, Sec. 172; 64 Del. Laws, c. 258, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (359)

Sec. 173. Requisition for military force; neglect to respond to notice. (360)(Text)

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. (361)

(20 Del. Laws, c. 392, Sec. 43; Code 1915, Sec. 312; 32 Del. Laws, c. 22, Sec. 1; Code 1935, Sec. 286; 47 Del. Laws, c. 329, Sec. 7; 20 Del. C. 1953, Sec. 173; 64 Del. Laws, c.258, Sec. 1.) (362)

Sec. 174. Field maneuvers, target practice or review. (363)(Text)

Repealed by 72 Del. Laws, c. 106, Sec. 21, eff. July 1, 1999. (364)

Sec. 175. Exemption from arrest; right-of-way. (365)(Text)

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. (366)

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. (367)

(20 Del. Laws, c. 392, Sec. 44; Code 1915, Sec. 313; 32 Del. Laws, c. 22, Sec. 1; Code 1935, Sec. 287; 20 Del. C. 1953, Sec. 175; 64 Del. Laws, c. 258, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (368)

Sec. 176. Rules governing troops when called into service. (369)(Text)

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. (370)

(20 Del. Laws, c. 392, Sec. 46; Code 1915, Sec. 315; 32 Del. Laws, c. 22, Sec. 1; Code 1935, Sec. 289; 20 Del. C. 1953, Sec. 176; 64 Del. Laws, c. 258, Sec. 1.) (371)

Sec. 177. Bounds from which civilians are excluded; offenses of civilians; penalties; jurisdiction. (372)(Text)

(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. (373)

(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. (374)

(c) Whoever violates this section may be arrested by the commanding officer or by the commanding officer's order. (375)

(d) Justices of the Peace shall have jurisdiction of offenses under this section. (376)

(20 Del. Laws, c. 392, Sec. 54; Code 1915, Sec. 321; 32 Del. Laws, c. 22, Sec. 1; Code 1935, Sec. 295; 20 Del. C. 1953, Sec. 177; 64 Del. Laws, c. 258, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (377)

Sec. 178. Immunity from civil and criminal liability. (378)(Text)

(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. (379)

(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. (380)

(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. (381)

(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. (382)

(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. (383)

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