House Bill No. 149 Summary

• Statements made by juveniles during diversion proceedings are inadmissible as substantive evidence of guilt at adjudicative proceedings on the underlying charge.

• Requires any waiver of the right to counsel by a juvenile to be made in writing and on the record, with court findings that the juvenile was informed of the right to counsel and its dangers, and that the waiver was intelligently made considering factors including age, maturity, intelligence, and seriousness of the offense.

• Prohibits juveniles under age 14, juveniles in felony or sexual offense cases, and juveniles in sentencing proceedings recommending commitment to the Department of Juvenile Corrections from waiving the right to counsel.

• Changes reimbursement provisions to allow (rather than require) parents, spouses, or estates to be liable for the cost of court-appointed counsel, subject to court findings regarding indigency and manifest hardship.

• Allows the prosecuting attorney to recover reimbursement for court-appointed counsel costs within five years after counsel was appointed, with current inability to pay not preventing the court from ordering reimbursement.