Rep. Long, Hills. 10
Rep. Berch, Ches. 1
February 16, 2021
2021-0387h
05/04
Amendment to HB 188-FN
Amend the bill by replacing sections 3 and 4 with the following:
3 Delinquency Children; Issuance of Summons and Notice; Appointment of Counsel. RSA 169-B:7, III is repealed and reenacted to read as follows:
III. The court shall appoint counsel for the minor upon receipt of the petition. Such appointment shall occur no later than the time the summons is issued. The court shall apply the presumption of indigency required by RSA 169-B:12, I, so that such appointment is not delayed. The summons shall contain the contact information of the appointed counsel. The appointment shall be made sufficiently before any hearing to allow for consultation between counsel and client, as well as for any appropriate investigation. Notice of the appointment shall be provided to counsel and to the petitioner telephonically, electronically, or in some other manner that is calculated to provide actual notice on the same day as the appointment.
4 Appointment of Counsel; Waiver of Counsel. Amend RSA 169-B:12, I and I-a to read as follows:
I. [Absent a valid waiver, the court shall appoint counsel at the time of arraignment of an indigent minor, provided that an indigent minor detained pursuant to RSA 169-B:11, III, shall have counsel appointed upon the issuance of the detention order.] Absent a valid waiver, the court shall appoint counsel for an indigent minor pursuant to RSA 169-B:7, III. For purposes of [the appointment of counsel under] this section, an indigent minor shall be a minor who satisfies the court, after appropriate inquiry, that the minor is financially unable to independently obtain counsel. So that counsel can be appointed promptly pursuant to RSA 169-B:7, III, indigency shall be presumed for all minors who are the subject of petitions brought under this chapter, subject to the court's reconsideration following the receipt of complete information regarding the minor's financial ability to independently obtain counsel. If the court has received information indicating that the minor has an intellectual, cognitive, emotional, learning, or sensory disability, the court shall require the minor to consult with counsel.
I-a. When an attorney is appointed as counsel for a child, representation shall include counsel and investigative, expert, and other services, including process to compel the attendance of witnesses, as may be necessary to protect the rights of the child. Representation also shall include representation in related proceedings when such matters are based on the same factual circumstances as the petition under this chapter. Such appointment shall remain in effect until the court no longer has jurisdiction over the child pursuant to this chapter, except in situations where the only remaining issue involves the payment of fines or restitution. If an action for damages is commenced based on the same factual circumstances as a petition under this chapter, representation by counsel appointed under this chapter in such action may only extend to protecting the minor’s right against self-incrimination and other constitutional and statutory rights as related to the petition brought under this chapter. Under no circumstances shall representation by counsel appointed under this chapter in related proceedings continue after the court no longer has jurisdiction over the child pursuant to this chapter.
| Date | Body | Type |
|---|---|---|
| Jan. 28, 2021 | House | Hearing |
| House | Floor Vote | |
| Jan. 28, 2021 | House | Hearing |
Jan. 6, 2022: Died on Table, Session ended 01/05/2022
Feb. 24, 2021: Lay on Table (Rep. Rice): MA DV 201-149 02/24/2021 HJ 3 P. 22
Feb. 24, 2021: Lay on Table (Rep. Rice): MA DV 201-149 02/24/2021 HJ 3 P. 22
: Committee Report: Ought to Pass with Amendment # 2021-0387h (Vote 15-0; RC) HC 12 P. 16
Feb. 18, 2021: Committee Report: Ought to Pass with Amendment # 2021-0387h (Vote 15-0; RC) HC 12 P. 16
Jan. 28, 2021: Public Hearing: 01/28/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92889961863 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 20, 2021: Public Hearing: 01/28/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92889961863 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 6, 2020: To Be Introduced 01/06/2020 and referred to Children and Family Law
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Children and Family Law HJ 2 P. 38
Jan. 4, 2021: Introduced (in recess of) 01/06/2021 and referred to Children and Family Law HJ 2 P. 38