Delaware § 705 - Power of subpoena; administration of oaths or affirmations; penalties for noncompliance.

§ 705. Power of subpoena; administration of oaths or affirmations; penalties for noncompliance.

(a) Whenever it is necessary in connection with any of the powers and duties of the General Assembly of the State, the Senate or the House of Representatives may, by issuing subpoenas and any other necessary legal process, do the following:

(1) Require the attendance of any resident of this State.

(2) Require a resident of this State to produce any records or papers in the resident’s possession located within this State.

(b) An individual who is a member of the General Assembly may administer oaths or affirmations to witnesses in connection with any hearing or investigation conducted by the House of which the individual is a member or a committee of which the individual is a member.

(c) Whoever does any of the following is to be fined not more than $1,000, or imprisoned not more than 12 months, or both:

(1) Having been summoned as a witness under subsection (a) of this section, wilfully makes default.

(2) Having appeared, refuses to answer a question pertinent to the question under inquiry.

(3) Having possession of records required in a subpoena, fails to produce the records as required under subsection (a) of this section.

(d) Nothing in this section is to be construed as a waiver by the General Assembly of the General Assembly’s inherent right to issue subpoenas and to punish for contempt of the General Assembly without the intervention of a court.

Code 1852, §  2355;  Code 1915, §  4243;  Code 1935, §  4713;  29 Del. C. 1953, §  705;  50 Del. Laws, c. 382, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 458, § 5;