§ 305 — Use of State Defense Forces outside of Delaware

(a) The Delaware State Defense Forces shall not be required to serve outside the boundaries of the State except:

(1) Upon the request of the governor of another state, the Governor of this State may, in the Governor of this State’s discretion, order any portion or all of such forces to assist the military or police forces of such other state who are actually engaged in defending such other state.

(2) Any organization, unit or detachment of the Delaware State Defense Forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this State into another state until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons; provided, that such other state shall have given authority by law for such pursuit by such forces of this State.

(b) Any such person who is apprehended or captured in such other state by an organization, unit or detachment of the forces of this State shall without unnecessary delay be surrendered to the military or police forces of the state in which such person is taken or to the United States, but such surrender shall not constitute a waiver by this State of its right to extradite or prosecute such person for any crime committed in this State.

Legislative History

43 Del. Laws, c. 81, § 5 ; 20 Del. C. 1953, § 306; 64 Del. Laws, c. 258, § 1 ; 70 Del. Laws, c. 186, § 1