Delaware General Assembly


CHAPTER 111

FORMERLY

HOUSE BILL NO. 181

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 43, TITLE 10, DELAWARE CODE RELATING TO TESTIMONY OF CHILDREN.

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

Section 1. Amend Subchapter III, Chapter 43, Title 10, Delaware Code by adding a new §4302 to read as follows:

"§4302. Competency to Testify.

No child under the age of ten years may be excluded from giving testimony for the sole reason that such child does not understand the obligation of an oath. Such child's age and degree of understanding of the obligation of an oath may be considered by the trier of fact in judging the child's credibility."

Approved July 3, 1985.