Bill Text - HB1248 (2016)

Relative to the waiver of counsel in juvenile delinquency proceedings.


Revision: Dec. 14, 2015, midnight

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HB 1248 - AS INTRODUCED

 

2016 SESSION

\t16-2176

\t05/03

 

HOUSE BILL\t1248

 

AN ACT\trelative to the waiver of counsel in juvenile delinquency proceedings.

 

SPONSORS:\tRep. Itse, Rock. 10; Rep. Edelblut, Hills. 38; Rep. Ingbretson, Graf. 15; Rep. Souza, Hills. 43; Rep. Boehm, Hills. 20; Rep. Seidel, Hills. 28

 

COMMITTEE:\tChildren and Family Law

 

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ANALYSIS

 

\tThis bill requires the court to make case-specific, written findings regarding the denial of a request for waiver of counsel in juvenile delinquency proceedings.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2176

\t05/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to the waiver of counsel in juvenile delinquency proceedings.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  Statement of Findings.  The legislature finds that when abrogating individual rights such as parental rights, preserving due process by providing rebuttable findings is necessary for preserving liberty.

\t2  New Paragraph; Delinquency Proceedings; Waiver of Counsel.  Amend RSA 169-B:12 by inserting after paragraph II-c the following new paragraph:

\t\tII-d.  The court shall not deny a waiver under paragraph II unless the court makes case-specific, written findings with regard to each of the required conditions for waiver.

\t3  Effective Date.  This act shall take effect 60 days after its passage.

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