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2004 SESSION

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HB 600 Juveniles; appointment of counsel for detention hearings.

Introduced by: Allen W. Dudley | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Juvenile detention; appointment of attorney. Requires the appointment of an attorney for a child prior to an initial detention hearing unless an attorney has been retained and appears on behalf of the child; and provides for payment for such court-appointed attorney. The bill requires that the child's attorney be notified of the detention hearing and any rehearing and specifies that the attorney be given the opportunity to be heard at the detention hearing. Current law allows a rehearing upon parental request when the child is not released and the parent was not notified and does not appear. This bill adds requirements that in order for there to be a rehearing the parent must make a written request and state that he is willing and available to supervise the child upon release from detention and will return the child to court for all scheduled proceedings. Further amendments provide that, if it is determined that the child is not indigent, the parents must pay the costs of the attorney. A child who is alleged to have committed an offense that could lead to commitment to a juvenile correctional center may waive his right to an attorney only after he consults with an attorney. The act does not become effective until July 1, 2005.


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