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DE HB6
Bill
Status
10/12/2017
Primary Sponsor
David Bentz
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AI Summary
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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.
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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.
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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.
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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