AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIONAL GUARD.

This Act updates the requirements for Courts-Martial to ensure that all members of the Delaware National Guard receive due process through the military justice system. This legislation amends Title 20 to correct a constitutional defect in the current statute, which fails to provide sufficient appellate process. It further codifies longstanding tradition of giving the Attorney General right of first refusal on all prosecutions to avoid double jeopardy. Provides for misdemeanor courts-martial jurisdiction in any military prosecution with appeal rights to the Superior Court of Delaware. Further, the act reconciles Title 20 with applicable federal law.