DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE BILL NO. 209

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF FORENSIC SCIENCE AND THE DEFINITION OF NEXT OF KIN.

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

Section 1. Amend § 4701A of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 4701A. Definitions.

For purposes of this chapter, “next of kin” means 1 of the following:

(1) A spouse.

(2) If no spouse, the decedent’s adult children.

(3) If no spouse or adult children, the decedent’s parents.

(4) If no spouse, adult children, or parents of the decedent, the adult sibling of the decedent.

(4) (5) If no spouse, adult children, or parents of the decedent, or sibling of the decedent, the person who is legally entitled to claim the decedent’s remains for final disposition.

SYNOPSIS

This act adds adult sibling of a decedent to the definition of next of kin in Chapter 47 of Title 29 of the Delaware Code relating to the Division of Forensic Science. This expansion of the definition of next of kin will, for example, allow the Medical Examiner to release the personal property of a decedent to an adult sibling of a decedent, when there is no other next of kin. It will also allow the Medical Examiner to provide a copy of a post mortem examination report to an adult sibling, upon written request, when there is no other next of kin.

Author: Senator Poore