| HOUSE AMENDED |
| PRIOR PRINTER'S NO. 833 | PRINTER'S NO. 2033 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BAKER, YUDICHAK, ARGALL, BROWNE, COSTA, ERICKSON, FERLO, FONTANA, GREENLEAF, McILHINNEY, RAFFERTY, SMUCKER, WASHINGTON, WOZNIAK, YAW, ORIE, WILLIAMS AND FARNESE, MARCH 11, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MARCH 26, 2012 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | right to counsel; and providing for right to counsel in | <-- |
4 | dependency and delinquency proceedings. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 6337 of Title 42 of the Pennsylvania |
8 | Consolidated Statutes is amended to read: |
9 | § 6337. Right to counsel. |
10 | Except as provided herein under this section and in section | <-- |
11 | 6311 (relating to guardian ad litem for child in court |
12 | proceedings), a party is entitled to representation by legal | <-- |
13 | counsel at all stages of any proceedings under this chapter and |
14 | if he is without financial resources or otherwise unable to |
15 | employ counsel, to have the court provide counsel for him. |
16 | Although a child alleged to be delinquent may appear with | <-- |
17 | counsel at the intake conference conducted by a juvenile |
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1 | probation officer following the submission of a written |
2 | allegation, counsel is not mandatory at this proceeding. If a |
3 | party other than a child appears at a hearing without counsel |
4 | the court shall ascertain whether he knows of his right thereto |
5 | and to be provided with counsel by the court if applicable. The |
6 | court may continue the proceeding to enable a party to obtain |
7 | counsel. [Counsel] Except as provided under section 6337.1 | <-- |
8 | (relating to right to counsel for children in dependency and |
9 | delinquency proceedings), counsel must be provided for a child | <-- |
10 | [unless his parent, guardian, or custodian is present in court |
11 | and affirmatively waive it. However, the parent, guardian, or | <-- |
12 | custodian may not waive counsel for a child when their interest |
13 | may be in conflict with the interest or interests of the child] | <-- |
14 | who appears at a hearing without counsel, and counsel for the | <-- |
15 | child cannot be waived. If the interests of two or more parties | <-- |
16 | may conflict, separate counsel shall be provided for each of |
17 | them. |
18 | Section 2. Title 42 is amended by adding a section to read: | <-- |
19 | § 6337.1. Right to counsel for children in dependency and |
20 | delinquency proceedings. |
21 | (a) Children in dependency proceedings.--Legal counsel shall |
22 | be provided for a child who is alleged or has been found to be a |
23 | dependent child in accordance with the Pennsylvania Rules of |
24 | Juvenile Court Procedure. |
25 | (b) Children in delinquency proceedings.-- |
26 | (1) In delinquency cases, all children shall be presumed |
27 | indigent. If a child appears at any hearing without counsel, |
28 | the court shall appoint counsel for the child prior to the |
29 | commencement of the hearing. The presumption that a child is |
30 | indigent may be rebutted if the court ascertains that the |
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1 | child has the financial resources to retain counsel of his |
2 | choice at his own expense. The court may not consider the |
3 | financial resources of the child's parent, guardian or |
4 | custodian when ascertaining whether the child has the |
5 | financial resources to retain counsel of his choice at his |
6 | own expense. |
7 | (2) Although a child alleged to be delinquent may appear |
8 | with counsel at the intake conference conducted by a juvenile |
9 | probation officer following the submission of a written |
10 | allegation, counsel shall not be mandatory at the proceeding. |
11 | (3) Notwithstanding paragraph (1), a child who is 14 |
12 | years of age or older may waive the right to counsel if the |
13 | court has determined that the waiver is knowingly, |
14 | intelligently and voluntarily made after having conducted a |
15 | colloquy with the child on the record in accordance with the |
16 | Pennsylvania Rules of Juvenile Court Procedure, and the |
17 | hearing for which waiver is sought is not one of the |
18 | following: |
19 | (i) An informal detention or shelter hearing under |
20 | section 6332 (relating to informal hearing). |
21 | (ii) A hearing to consider transfer to criminal |
22 | proceedings under section 6355 (relating to transfer to |
23 | criminal proceedings). |
24 | (iii) A hearing to consider evidence on the petition |
25 | or accept an admission to an alleged delinquent act under |
26 | section 6341 (relating to adjudication). |
27 | (iv) A hearing to consider evidence as to whether |
28 | the child is in need of treatment, supervision or |
29 | rehabilitation under section 6341. |
30 | (v) A disposition hearing under section 6341 or 6352 |
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1 | (relating to disposition of delinquent child). |
2 | (vi) A hearing to modify or revoke probation or |
3 | other disposition entered under 6352. |
4 | (4) The court may assign stand-by counsel if the child |
5 | waives counsel at any hearing. |
6 | (5) If a child waives counsel for any hearing, the |
7 | waiver shall only apply to that hearing and the child may |
8 | revoke the waiver of counsel at any time. At any subsequent |
9 | hearing, the child shall be informed of the right to counsel. |
10 | Section 2 3. This act shall take effect in 60 days. | <-- |
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