§ 4701. Division of Forensic Science established; purpose. The purpose of this chapter is to establish a Division of Forensic Science to provide leadership and coordination in the exercise of forensic sciences. In furtherance of that purpose, there is created the Division of Forensic Science under the supervision and control of the Director of the […]
§ 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 person who is legally entitled to […]
§ 4702. Rules and regulations. The Department of Safety and Homeland Security may adopt and promulgate rules and regulations to carry into effect this chapter. 29 Del. C. 1953, § 4706; 50 Del. Laws, c. 502, § 1; 57 Del. Laws, c. 140, § 1; 57 Del. Laws, c. 591, § 55; 79 Del. Laws, […]
§ 4703. Appointment of professional and other personnel. (a) The Director of the Division of Forensic Science shall appoint, with the approval of the Secretary of the Department of Safety and Homeland Security, a Chief Medical Examiner, who shall be a board-certified pathologist, with preference given to applicants with training and experience in the field […]
§ 4704. Duties of Medical Examiners. (a) The Chief Medical Examiner, the Assistant Medical Examiners and the Deputy Medical Examiners shall perform all the medical and other functions formerly devolving upon the coroners, deputy coroners and coroners’ physicians in the counties of this State and in the City of Wilmington and duties imposed upon them […]
§ 4705. Office and equipment. The Division of Forensic Science shall be maintained in a suitable place or places which shall be designated by the Secretary of the Department of Safety and Homeland Security. The Department of Safety and Homeland Security shall provide or arrange for proper and necessary equipment for use of the staff […]
§ 4706. Investigation of deaths. (a) When any person shall die in this State, as a result of violence, by suicide or by casualty if such occurred not longer than 1 year and 1 day prior to death, while under anesthesia, by abortion or suspected abortion, by poison or suspicion of poison, by overdose death […]
§ 4707. Postmortem examination; autopsy reports. (a) When the cause of death shall have been established within reasonable medical certainty by a Medical Examiner, the Medical Examiner shall prepare a written report and file it in the Division of Forensic Science within 90 days after an investigation of such death. (b) If, however, in the […]
§ 4708. Forensic Sciences Laboratory. The Forensic Sciences Laboratory is established and operational within the Division of Forensic Science. The Director of the Division of Forensic Science functions as the Director of the Forensic Sciences Laboratory. 66 Del. Laws, c. 209, § 4; 79 Del. Laws, c. 265, § 1;
§ 4709. Power to administer oaths and issue subpoenas. The Director of the Division of Forensic Science, the Chief Medical Examiner, the Assistant Medical Examiners and the Deputy Medical Examiners, in the course of investigation of a death, may administer oaths and affirmations and take affidavits and make examinations as to any matter within the […]
§ 4710. Records and reports; evidence. (a) The Chief Medical Examiner is to keep full and complete records of the Division of Forensic Science pertaining to the investigation of deaths and postmortem examinations. Such records shall be properly indexed, giving the name, if known, of every deceased person investigated, the place where the body was […]
§ 4711. Disposition of unclaimed body or remains of indigent person. (a) In any case where there is an unclaimed body or there are remains of indigent persons and it is incumbent on the State or any political subdivision thereof to bury such person found dead, the Chief Medical Examiner or a duly authorized representative […]
§ 4712. Authority to provide corneas to eye banks. (a) Upon request of an approved eye bank on behalf of a patient in need of corneal tissue for a transplant, a Medical Examiner is authorized to provide the cornea under the following conditions: (1) A decedent who may provide a suitable cornea for transplant is […]
§ 4713. DNA analysis and data bank. (a) In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed to be a reliable scientific technique, and the evidence of a DNA profile comparison shall be admitted to prove or disprove the identity of any person. This section shall not otherwise limit the introduction of any […]
§ 4714. Commission on Forensic Science. (a) The Commission on Forensic Science, hereinafter in this chapter referred to as the “Commission”, is hereby established. The Commission shall provide oversight and guidance to foster professionalism within, and the development and growth of, the Division of Forensic Science. The Commission shall consist of 10 members. The Commissioners […]
