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IN HB1133
Bill
Status
1/8/2015
Primary Sponsor
Cherrish Pryor
Click for details
AI Summary
HB 1133 Summary
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Courts must appoint counsel for children charged with delinquent acts unless a valid waiver is made, with mandatory appointment when waiver to criminal court is requested, parent/guardian has adverse interest, child faces specific placements or detention, or child is taken into custody.
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Any waiver of right to counsel must be made in accordance with IC 31-32-5, in open court, on the record in writing, and in the presence of the child's attorney.
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A child may withdraw a waiver of counsel at any stage of proceedings, requiring the court to appoint counsel upon withdrawal.
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Courts must determine whether counsel has been waived or previously obtained before proceeding with other case requirements.
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Effective July 1, 2015, and codifies Rule 25 of the Indiana Rules on Criminal Procedure.
Legislative Description
Counsel for children charged with delinquent acts. Provides that, unless or until a valid waiver of the right to counsel has been or is made, a court shall appoint counsel for a child charged with a delinquent act if certain circumstances apply. Establishes requirements for waiving the child's right to counsel. Allows a waiver of the child's right to counsel to be withdrawn at any time. (This bill codifies Rule 25 of the Indiana Rules on Criminal Procedure.)
Last Action
First Reading: referred to Committee on Judiciary
1/8/2015