CHAPTER 511
FORMERLY HOUSE BILL NO.
750 AS AMENDED BY
HOUSE AMENDMENTS NO. 3, 4, 6,
11, 15, AND 16
AN ACT TO AMEND TITLE 4, TITLE 6, TITLE 7, TITLE 10, TITLE 11, TITLE 12, TITLE 13, TITLE 18, TITLE 19, TITLE 21, TITLE 23, TITLE 24, TITLE 25, TITLE 29 AND TITLE 31 OF THE DELAWARE CODE RELATING TO AGE OF MAJORITY IN DELAWARE; AND CHANGING AGE REQUIREMENTS FOR CERTAIN ACTS, RIGHTS AND PRIVILEGES PRESENTLY ENJOYED BY PERSONS TWENTY-ONE YEARS OF AGE AND OLDER.
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each house thereof concurring therein):
Section 1. Amend Section 715, Chapter 7, Title 4 of the Delaware Code, by striking the figure "21" as the same appears in paragraph (1) of subsection (a) therein and as it appears in subsection (b) therein, and substituting the figure "20" in lieu thereof.
Section 2. Amend Subsection (a), Section 904, Chapter 9, Title 4 of the Delaware Code, by striking the figure "21" as the same appears in both paragraphs therein, and substituting the figure "20" in lieu thereof.
Section 3. Amend Subsection (b), Section 904, Chapter 9, Title 4 of the Delaware Code, by striking the figure "21" as it appears both times therein, and substituting the figure "20" in lieu thereof.
Section 4. Amend Subsection (c), Section 904, Chapter 9, Title 4 of the Delaware Code, by striking the figure "21" as it appears therein, and substituting the figure "20" in lieu thereof.
Section 5. Amend Subsection (d), Section 904, Chapter 9, Title 4 of the Delaware Code, by striking the figure "21" as it appears therein, and substituting the figure "20" in lieu thereof.
Section 6. Amend Subsection (e), Section 904, Chapter 9, Title 4 of the Delaware Code, by striking the figure "21" as it appears therein, and substituting the figure "20" in lieu thereof.
Section 7. Amend Subsection (f), Section 904, Chapter 9, Title 4 of the Delaware Code, by striking the figure "21" as it appears in the first sentence therein, and substituting the figure "20" in lieu thereof.
Section 8. Amend § 2705, Subchapter 1, Chapter 27, Title 6 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:
§ 2705. Age of majority; capacity to contract
Any person who has attained eighteen 'years of age shall have full capacity to contract; provided such person has not been declared legally incompetent to contract for reasons other than age. Any person who has attained the age of eighteen years shall become fully responsible for his contracts.
Section 9. Amend § 501, Subchapter I, Chapter 5, Title 7 of the Delaware Code, by striking the figure "19" as it appears therein and substituting the figure "18" in lieu there.
Section 10. Amend Subsection (a), § 2717, Part II, Title I0 of the Delaware Code, by striking the figure "21" as it appears therein, and substituting the figure "18" in lieu thereof.
Section 11. Amend Subsection (c), § 438-A, Subchapter XIIIA, Title 11 of the Delaware Code, by striking said subsection in its entirety, and substituting in lieu thereof the following:
"(c) 'Minor' means any person under the age of 18 years."
Section 12. Amend Subsection (d), § 438-A, Subchapter XIIIA, Title I 1 of the Delaware Code, by striking said subsection in its entirety, and substituting in lieu thereof the following:
"(d) 'Known minor' is any person known, in fact, to be under the age of 18 years, or any person, in fact, under the age of 18 years, unless a reasonable bona fide attempt has been made to ascertain the age of that minor."
Section 13. Amend Subsection (3), § 438-i, Subchapter XIIIA, Title 11 of the Delaware Code, by striking said subsection in its entirety, and substituting in lieu thereof the following
"(3) Misrepresents his age as 18 years or older for the purpose of evading the restrictions of this Section."
Section 14. Amend § 646, Subchapter XXXV, Chapter 3, Title 11 of the Delaware Code, by striking the figure "25" as it appears therein, and substituting the figure "18" in lieu thereof.
Section 15. Amend § 647, Subchapter XXXV, Chapter 3, Title 11 of the Delaware Code, by striking the figure "25" as the same appears therein, and substituting the figure "18" in lieu thereof.
Section 16. Amend § 3537, Subchapter III, Chapter 35, Title 12 of the Delaware Code, by striking the figure "21" as the same appears in the first sentence therein, and substituting the figure "18" in lieu thereof.
Section 17. Amend § 3701, Chapter 37, Title 12 of the Delaware Code, by striking the figure "21" as it appears therein, and substituting the figure "18" in lieu thereof.
Section 18. Amend Subsection (a), Section 4501, Chapter 45, Title 12 of the Delaware Code, by striking said Subsection (a) in its entirety.
Section 19. Amend Subsection (k), Section 4501, Chapter 45, Title 12 of the Delaware Code, by striking said Subsection (k) in its entirety.
Section 20. Amend Subsection (b), Section 123, Chapter 1, Title 13 of the Delaware Code, by striking said Subsection in its entirety and substituting in lieu thereof the following:
"(b) If any female applicant for a license to marry is under the age of 18 years, the license shall not be issued unless the applicant's parents or a parent, legal guardians or guardian, or curator shall first certify under their hands and seals their consent to the marriage of the minor. If said minor applicant has no parent, legal guardian or curator, a license shall not be issued
unless a judge of the Family Court or a judge of the Superior Court sitting in the county where the minor applicant resides or such person as either of such judges may appoint to sign consent forms shall first certify under his hand and seal his consent to the marriage of the minor."
Section 21. Amend Subparagraph (d), Section 123, Chapter 1, Title 13 of the Delaware Code, by striking said paragraph in its entirety and substituting the following in lieu thereof:
"(d) Consent forms shall be in the following form:
MARRIAGE OF MINOR
CONSENT FORM
We (I) the Father, Guardian,
Curator Mother of do hereby certify that she is a minor under the age of 18 years, but not under the age of 16 years, and that we (I) do hereby consent to have a marriage license issued for her to
marry , and that we (I) do hereby certify that this form is filled in and signed in conformity with the portion of the laws of Delaware as printed on the back of this form.
Witnessed (my) (our) hand and seal this day
Signed and sealed in the presence of:
Section 22. Amend § 1101, Chapter 11, Title 13 of the Delaware Code, by striking the following sentence:
"Child" means any male or female who has not attained his or her twenty-first birthday.
Section 23. Amend § 1305, Subchapter 1, Chanter 13,
Title 13 of the Delaware Code, by striking the figure "16" as the
same appears in the first sentence therein, and substituting the figure "18" in lieu thereof.
Section 24. Amend § 1104, Chapter 11, Title 16 of the Delaware Code, by striking the figure "21" as it appears therein, and substituting the figure "18" in lieu thereof.
Section 25. Amend paragraph (1), Subsection (a), Section 1205, Title 16 of the Delaware Code, by striking said paragraph (1) in its entirety, and substituting in lieu thereof the following:
"(1) He is of full legal age, of good moral character and
otherwise suitable, and is of sound physical and mental health;".
Section 26. Amend paragraph (1), Subsection (a), Section 4730-A, Title 16 of the Delaware Code, by striking said paragraph (1) in its entirety, and substituting in lieu thereof the following:
"(1) That the defendant is under the age of 18 years; and"
Section 27. Amend paragraph (4), Subsection (a), Section 4730-A, Title 16 of the Delaware Code, by striking the figure "15" as the same appears in said paragraph, and substituting the figure "18" in lieu thereof.
Section 28. Amend sub-paragraph (A) of § 4908 (b) (1), Title 16 of the Delaware Code, by striking said sub-paragraph (A) in its entirety, and substituting in lieu thereof the following:
"(A) That the defendant is under the age of 18 years; and the".
Section 29. Amend sub-paragraph (A) of § 4908 (b) (2), Title 16 of the Delaware Code, by striking said sub-paragraph (A) in its entirety, and substituting in lieu thereof the following:
"(A) That the defendant is under the age of 18 years; and".
Section 30. Amend sub-paragraph (D) of § 4908 (b) (2), Title 16 of the Delaware Code, by striking the figure "21" therein, and substituting the figure "18" in lieu thereof.
Section 31. Amend Subsection (c), Section 5123, Chapter
51, Title 16 of the Delaware Code, by striking the figure "21" as the same appears therein, and substituting the figure "18" in lieu thereof.
Section 32. Amend Subsection (e), Section 5123, Chapter 51, Title 16 of the Delaware Code, by striking the figure "21" as the same appears therein, and substituting the figure "18" in lieu thereof.
Section 33. Amend paragraph (2), Subsection (a), Section 1711, Title 18 of the Delaware Code, by striking said paragraph (2) in its entirety, and substituting in lieu thereof the following:
"(2) Must be 18 years of age or older."
Section 34. Amend paragraph (1), Subsection (b), Section 1741, Title 18 of the Delaware Code, by striking said paragraph (1) in its entirety, and substituting in lieu thereof the following:
"(1) Must be 18 years of age or older."
Section 35. Amend Subsection (b), Section 1742, Chapter 17, Title 18 of the Delaware Code, by striking the figure "21" as it appears therein, and substituting the figure "18" in lieu thereof.
Section 36. Amend § 6110, Chapter 61, Part I, Title 18 by striking the figure "21" as it appears in the second paragraph of said section, and substituting the figure "18" in lieu thereof.
Section 37. Amend § 516, Subchapter 11, Chapter 5, Title 19 of the Delaware Code, by striking the figure "21" as the same appears therein, and substituting the figure "18" in lieu thereof.
Section 38. Amend § 543, Subchapter IV, Chapter 5, Title 19 of the Delaware Code, by striking the figure "21" as the same appears in the second sentence of said section and substituting the figure "18" in lieu thereof.
Section 39. Amend paragraph (d), Subsection (11), Section 3302, Title 19 of the Delaware Code, by striking the figure "21" as it appears therein, and substituting the figure "18" in lieu thereof.
Section 40. Amend Subsection (c), Section 2302, Chapter 23, Title 21 of the Delaware Code, by striking the figure "19" as it appears therein, and substituting the figure "18" in lieu thereof.
Section 41. Amend Subsection (d), Section 2306, Chapter 23, Title 21 of the Delaware Code, by striking the figure "19" as the same appears therein, and substituting the figure "18" in lieu thereof.
Section 42. Amend Subsection (c), Section 2501, Chapter 25, Title 21 of the Delaware Code, by striking the figure "19" as the same appears therein, and substituting the figure "18" in lieu thereof.
Section 43. Amend paragraph (2), Subsection (a), Section 2707, Title 21 of the Delaware Code, by striking the figure "21" as it appears therein, and substituting the figure "18" in lieu thereof.
Section 44. Amend Subsection (a), Section 2708, Chapter 27, Title 21 of the Delaware Code, by striking the figure "20" as the same appears in the last sentence of said subsection, and substituting the figure "18" in lieu thereof.
Section 45. Amend Subsection (a), Section 2714, Chapter 27, Title 21 of the Delaware Code, by striking the words "21 years of age or over."
Section 46. Amend Subsection (b), Section 2736, Subchapter II, Title 21 of the Delaware Code, by striking the figure "21" as the same appears therein, and substituting the figure "18" in lieu thereof.
Section 47. Amend Subsection (1), Section 2762, Subchapter IV, Title 21 of the Delaware Code, by striking said subsection in its entirety, and substituting in lieu thereof the following:
"(1) Person under the age of 18 years;".
Section 48. Amend § 113, Subchapter II, Chapter 1, Title
23 of the Delaware Code, by striking the figure "21" as the same
appears in the first sentence of said section, and substituting the figure "18" in lieu thereof.
Section 49. Amend paragraph (2), Subsection (a), Section 104, Title 24 of the Delaware Code, by striking said paragraph in its entirety, and re-designating each succeeding paragraph accordingly.
Section 50. Amend Subsection (a), Section 409, Subchapter I, Title 24 of the Delaware Code, by striking the figure "19" as the same appears in the third sentence of said subsection, and substituting the figure "18" in lieu thereof.
Section 51. Amend § 504, Chapter 5, Title 24 of the Delaware Code, by striking the figure "21" as the same appears in the first sentence of said section, and substituting the figure "18" in lieu thereof.
Section 52. Amend paragraph (2), Subsection (a), Section 1122, Title 24 of the Delaware Code, by striking the phrase "is 21 years of age" in its entirety.
Section 53. Amend paragraph (1), Subsection (a), Section 1732, Title 24 of the Delaware Code, by striking said paragraph (1) in its entirety, and substituting in lieu thereof the following:
"(1) Is a citizen of the United States of.America;".
Section 54. Amend paragraph (1), Subsection (b), Section 1751, Title 24 of the Delaware Code, by striking said paragraph (1) in its entirety, and substituting in lieu thereof the following:
"(1) Is a citizen of the Unites States of America;".
Section 55. Amend paragraph (3), Subsection (b), Section 1790, Title 24 of the Delaware Code, by striking the figure "19" as the same appears therein, and substituting the figure "18" in lieu thereof.
Section 56. Amend § 2107, Chapter 21, Title 24 of the Delaware Code, by striking the words "at least twenty-one years of age" as they appear in the first sentence of said section.
(1) in its entirety, and re-designating each succeeding paragraph accordingly.
Section 58. Amend § 2607, Chapter 26, Title 24 of the Delaware Code, by striking the figure "20" as the same appears in the second sentence of said section, and substituting the figure "18" in lieu thereof.
Section 59. Amend Subsection (a), Section 3306, Chapter 33, Title 24 of the Delaware Code, by striking the words "21 years of age or more" as they appear in the second sentence of said subsection.
Section 60. Amend § 2102, Chapter 21, Part II, Title 25 of the Delaware Code, by striking the words "as effectually as if he were 21 years of age or upwards" as the same appear at the end of said section.
Section 61. Amend Subsection (a), Section 102, Subchapter I, Title 26 of the Delaware Code, by striking the sentence: "Each person appointed as a member of the Commission shall be at least 30 years of age."
Section 62. Amend Subsection (b), Section 502, Subchapter I, Title 28 of the Delaware Code, by striking the sentence: "Each Commissioner shall be not less than 30 years of age at the time of his appointment."
Section 63. Amend Subsection (b), Section 4301, Chapter 43, Title 29 of the Delaware Code, by striking the figure "21" as the same appears therein, and substituting the figure "18" in lieu thereof.
Section 64. Amend Subsection (b), Section 361, Subchapter V, Title 31 of the Delaware Code, by striking the figure "21" as the same appears in the second sentence of said subsection, and substituting the figure "18" in lieu thereof.
Section 65. Amend § 502, Title 31 of the Delaware Code, by striking the figure "21" as the same appears within the definition of "Medical Care," and substituting the figure "18" in lieu thereof.
Section 66. Amend § 502, Chapter 5, Title 31 of the Delaware Code, by striking the figure "21" as the same appears within the definition of "Medical Assistance for the Medically Indigent" and substituting the figure "18" in lieu thereof.
Section 67. Amend § 3911, Chapter 39, Part IV, Title 12, of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:
§ 3911. Term of guardianship
The guardianship of the person of any minor shall continue until he attains the age of eighteen years; but the guardianship of the person of any female minor shall continue until she attains the age of eighteen years or until her marriage, whichever occurs first.
Section 68. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.