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DE HB6

Bill

Status

Passed

10/12/2017

Primary Sponsor

David Bentz

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Origin

House of Representatives

149th General Assembly

AI Summary

  • Establishes a juvenile's right to counsel at all stages of delinquency proceedings initiated in Family Court, with automatic assignment of counsel by the Chief Defender if the juvenile is unrepresented at initial appearance.

  • Prohibits waiver of the right to counsel in four circumstances: when accused of a felony, when in custody of the Division of Family Services, when under 16 years of age, or when the alleged victim is a family member/guardian with interests adverse to the juvenile.

  • Permits juveniles to waive the right to counsel only after an in-person meeting with counsel where they are informed of the right and consequences of waiver, except in the prohibited circumstances above.

  • Extends the same right to counsel protections to juveniles in criminal contempt proceedings related to truancy in Justice of the Peace Court, with identical appointment and waiver procedures as Family Court.

Legislative Description

An Act To Amend Titles 10 And 14 Of The Delaware Code Relating To A Juvenile's Right To Counsel In Family Court And The Justice Of The Peace Court.

Last Action

Signed by Governor

10/12/2017

Committee Referrals

Judicial & Community Affairs6/20/2017
Judiciary5/10/2017

Full Bill Text

No bill text available