2017 Civil Right to Counsel Bills

 

Listed below are all of the 2017 bills that address the right to counsel in civil cases.  The NCCRC monitors all such bills and regularly reports on their progress, and we also are involved with some of them.


 

 

Enacted bills

 

State Bill # Sponsor

Description

Status

AR SB 132 Sen. Hutchinson

Specifies that court must appoint counsel for parents at ex parte emergency dependency proceeding.

 

Signed by Governor on 4/4/17.
IA HB 133 Judiciary Committee  Requires that GALs for children in dissolution and custody actions be attorneys, and specifies that court can appoint an attorney separate from GAL (at which point same person cannot fill both roles). Signed by Governor on 4/12/17.
MN HB 1702 Reps. Kresha, Thissen, Omar, Lohmer, Ward, and O'Neill 

Clarifies that children 10 and over have a right to counsel in child welfare cases and requires notification of such right, plus strengthens waiver provisions.


Signed by Governor on 5/17/17. 
MT HB 59 Rep. Dukik at request of Task Force on State Public Defender Operations

Requires putative father to be successfully served and to request counsel before counsel is appointed in child welfare proceedings. 

 

Signed by Governor on 3/1/17.
MT HB 201 Rep. Cook

Specifies that where court-appointed special advocate not available to serve as guardian ad litem, court can appoint attorney to be GAL.


Signed by Governor on 3/29/17. 
SC SB 415 Sens. Malloy and Campsen

Requires appointment of both counsel and GAL for adult guardianship proceedings (current law only requires appointment of counsel that serves GAL role).


Signed by Governor on 5/9/17.
UT SB 71  Sen. Thatcher and Rep. Roberts

Requires counsel to be appointed for collection and enforcement of criminal debt (which is treated as contempt matter) if the court is considering incarceration.


Signed by Governor on 3/23/17.

 

Pending bills

 

State Bill # Sponsor

Description

Status

federal HR 2043

Rep. Lofgren and 22 cosponsors

Would guarantee counsel in immigration court for children and "vulnerable aliens" such as those with disabilities or who have been victims of torture/abuse/violence.

Introduced and referred to Judiciary Committee on 4/6/17.  Referred to Immigration and Border Security Subcommittee on 5/1/17.

 

federal S 910 (Disability Integration Act)

Sens. Schumer, Casey, and Warren

Would permit court to appoint counsel where there is discrimination against individual with disabilities in need of long-term services.

Introduced and referred to Committee on Health, Education, Labor, and Pensions on 4/7/17.


federal S 642 (Fifth Amendment Integrity Restoration Act)

Sens. Paul, Lee, Crapo, King, Udall, and Heinrich

Would require appointment of counsel for indigent defendants in all civil forfeiture proceedings in federal court, rather than just ones involving a primary residence.

 

Introduced and referred to Committee on Judiciary on 3/15/17.

AL SB 390

Sen. Reed

Creates process for involuntary treatment of person for substance abuse, and requires appointment of counsel for indigent persons or those who "do not have the mental ability to secure the services of an attorney."

 

Introduced and referred to Judiciary Committee on 4/20/17.


CT SB 496

Sen. Doyle

Would implement recommendations of legislative Task Force to Improve Access to Counsel in Civil Matters, which would create right to counsel for cases involving restraining orders, evictions, detained removal, and child custody.

 

Introduced and referred to Joint Committee on Judiciary on 1/20/17.

CT SB 364

Sen. Looney

Would create a pilot project to provide representation in DV protective order proceedings.

 

Introduced and referred to Joint Committee on Judiciary on 1/19/17.  Committee substitute introduced on 3/20/17.  Public hearing on 3/27/17.  Received joint favorable report on 3//31/17.  Received favorable report from Office of Legislative Research and Office of Fiscal Analysis on 4/20/17.  Referred to Senate Finance, Revenue and Bonding Committee on 5/17/17.

 

 

 

D.C. B22-0012 (coverage at Washington Post and WAMU)

Councilmember Evans

 

Requires court to appoint counsel for minor ward who is 14 or older in guardianship prior to authorizing expenditures for certain medical treatments.  Also permits court to appoint counsel for minor ward in protective order proceeding involving minor's property.

 

Introduced on 1/6/17.  Referred to Judiciary and Public Safety Committee on 1/10/17.

 

D.C. B22-0024 various Council members

Would expand representation in certain kinds of housing cases.  Read more.

Introduced and referred to Judiciary and Public Safety Committee on 1/10/17. 

 

DE SB 60 Numerous senators and representatives

Would eliminate civil forfeituer and require appointment of counsel in criminal forfeiture proceedings for both defendants and innocent property owners.


Introduced and assigned to Judicial & Community Affairs Committee in Senate on 4/5/17.

 

HI HB 1235  Rep. Nishimoto / Rep. Nishimoto / Sens. Keith-Agaran, Gabbard, Kim, and Rhoads

Would enact Uniform Family Law Arbitration Act, which permits arbiter in family law disputes not involving custody to appoint counsel for the child at the expense of the parties.


Introduced on 1/20/17.  Referred to Judiciary Committee on 1/30/17.  Voted favorably with amendments by Judiciary Committee on 2/3/17.  Passed House on 3/7/17.  Sent to Senate JDL Committee on 3/9/17.  Committee recommended passage with amendment on 3/17/17.  Passed Senate as amended on 4/11/17.  House disagreed with Senate amendments on 4/13/17.  Conference committee recommended passage with amendments on 4/27/17.  Passed House and Senate on 5/2/17.  Transmited to Governor on 5/3/17.

 

IL HB 689 / SB 1578 Reps. Guzzardi, Anderson, Demmer, Riley, and Skillicorn / Sen. Harmon

Would permit person not named in forfeiture complaint who claims to have interest in property to intervene, and permits court to appoint counsel for such person. 

HB 689 Introduced and referred to Rules Committee on 1/25/17.  Assigned to Judiciary Criminal Committee on 2/8/17.  Committee recommended passage on 3/21/17.  Re-referred to Rules Committee on 4/28/17.

 

SB 1578 introduced on 2/9/17.  Assigned to Judiciary Committee on 2/18/17.  Committee recommended passage on 4/6/17.

 

MA HB 968 / SB 831 Numerous cosponsors / Sen. DiDomenico and numerous House and Senate cosponsors

Would guarantee counsel for indigent tenants in eviction cases, where indigence includes people below 200% of poverty level or unable to pay for counsel "without depriving himself, herself or his dependents of the necessities of life, including food, shelter and clothing."

 

HB 968 introduced and referred to Joint Committee on Judiciary on 1/23/17.

 

SB 831 introduced and referred to Joint Committee on Judiciary on 1/23/17.

MA HB 2274 Rep. Donato

Requires appointment of counsel for indigent guardian in child guardianship cases where guardian "makes an initial showing that he or she has been the primary caretaker for the child for at least two years or otherwise for a significant part of the child's lifetime."

 

Introduced and referred to Joint Committee on Judiciary on 1/23/17.  Public hearing on 5/8/17.

 

MA HB 2300 Numerous reps.

Would remove right to appointed counsel in sex offender registry / classification proceedings.

 

Introduced and referred to Joint Committee on Judiciary on 1/23/17.

 

MA HB 2343 Rep. Scaccia   

Provides a right to counsel in judicial proceedings related to health care proxies.

 

Introduced and referred to Joint Committee on Judiciary on 1/23/17.  Public hearing on 5/8/17.

 

 

MA HB 2346 Rep. Scaccia

Requires the appointment of counsel for the subject of a guardianship, conservatorship, or other protective order proceeding.

 

Introduced and referred to Joint Committee on Judiciary on 1/23/17.  Public hearing on 5/8/17.


MA HB 2409 Rep. Scaccia

Requires notification of respondent in voluntary and involuntary civil commitment proceedings to be advised of right to appointed counsel.

 

Introduced and referred to Mental Health, Substance Use and Recovery Committee on 1/23/17.  Hearing canceled and new date TBD on 5/11/17.

 

MA HB 2497 Reps. Michlewitz and Dubois, and Sen. Boncore

Would create statewide gun offender registry and require appointment of counsel for person challenging registration and classification.

 

Introduced and referred to Joint Committee on Public Safety and Homeland Security on 1/23/17.

 

MA HB 3114 Rep. Mirra

Eliminates civil forfeiture and requires appointment of counsel for indigent persons opposing forfeiture.

 

Introduced and referred to Joint Committee on Judiciary on 1/23/17.


MA HB 2311SB 786 Numerous reps / Sens. Chandler, Khan, Decker, Benson, and Lewis

Would create way for minor 13 or over to appear without parent or adult in order to seek or defend against protective order related to abuse/harassment, and would require appointment of counsel for such minor.

 

HB 2311 introduced and referred to Joint Committee on Judiciary on 1/23/17.


SB 786 introduced and referred to Joint Committee on Judiciary on 1/23/17.

 

MA SB 1087 Sens. Donnelly, Gordon, L'Italien, Decker, and DiDomenico 

Would create process for delivery of criticial community mental health services, and require appointment of counsel for hearings relating to non-compliance with case plan.

 

Introduced and referred to Mental Health, Substance Use and Recovery Committee on 1/23/17.  Hearing canceled and new date TBD on 5/11/17.


 

MA SB 1105 Sen. L'Italien

Creates process for emergency civil commitment and provides right to counsel for such proceedings.

Introduced and referred to the Mental Health, Substance Use and Recovery Committee on 1/23/17.   Public hearing on 5/8/17.


MN HB 988 Numerous cosponsors

Creates process for minor to petition for emancipation, and permits court to appoint counsel for minor or parents.

 

Introduced and referred to Civil Law and Data Practices Policy Committee on 2/9/17.

NE LB 526 Sen. Morfeld

Would require appointment of counsel for contempt proceedings related to debt collection.


Filed on 1/18/17.  Referred to Judiciary Committee on 1/20/17.  Hearing set for 2/22/17.  Placed on General File on 4/12/17.



NH SB 200 Numerous senators and reps

Would require appointment of counsel prior to incarcerating a person for failure to pay fines/fees or perform community service.


Introduced and referred to Judiciary Committee on 1/30/17.  Hearing on 2/7/17.  Committee voted to pass on 2/9/17.  Senate passed on 2/16/17.  Referred to House Judiciary Committe on 3/7/17.  Committee recommended passage on 3/29/17.  House passed on 4/20/17.

 

 

NJ AB 4015 Reps. Dancer and Huttle

Would require appointment of counsel for minors subjected to civil commitment (current law only requires counsel if appointed GAL is not an attorney).


Introduced and ref'd to Assembly Human Services Committee on 6/30/16.
NJ AB 4628 Rep. Jones

Would provide a right to counsel for parents in private adoption cases, codifying a NJ Supreme Court ruling.


Introduced and referred to Women and Children Committee on 2/27/17.


NJ SB 89 Sen. Whelan

Specifies that child's appointed counsel continues past termination of parental rights until permanent placement has been finalized.

Introduced and ref'd to Senate Judiciary Committee on 1/12/16.  Ref'd to Senate Budget and Appropriations Committee on 5/5/16.


NJ AB 1099 / AB 3981 Numerous assembly sponsors

Requires counsel to be appointed for new process for involuntary substance abuse admissions.

AB 1099 introduced and ref'd to Assemby Human Services Committee on 1/27/16.

 

AB 3981 introduced and referred to Human Services Committee on 6/20/16.


NV AB 319 Rep. Sprinkle and Sen. Harris

Creates separate process for guardianship of minors, and specifies that court may appoint an attorney for the minor.


Introduced and referred to Committee on Judiciary on 3/17/17.  Committee recommended passage as amended on 4/24/17.  Passed Assembly as amended on 4/25/17.  Referred to Senate Judiciary Committee on 4/26/17.  Committee recommended passage on 5/15/17.  Passed Senate on 5/18/17.  Sent to Assembly on 5/19/17.


NV SB 305 Numerous cosponsors

Requires counsel to be appointed for children in dependency and termination of parental rights cases, rather than being discretionary.

Introduced and referred to Committee on Health and Human Services Committee on 3/17/17.  Committee recommended pass as amended on 4/20/17.  Senate passed as amended on 4/24/17.  Sent to Senate Judiciary Committee on 4/25/17.  Committee recommended passage on 5/16/17.


NV SB 433 Sen. Harris

Requires court to appoint counsel for adult ward in guardianship proceeding without request.



Introduced and referred to Committee on Judiciary on 3/27/17.  Commended recommended passage as amended on 4/24/17.  Passed Senate as amended on 4/25/17.  Referred to Assembly Judiciary Committee on 4/26/17.


NV SB 483 Senate Health and Human Services Committee

Authorizes court to appoint counsel for parents in paternity proceedings connected to abuse/neglect proceeding.

 

Introduced and referred to Health and Human Services Committee on 3/27/17.  Committee recommended passage with amendments on 4/18/17.  Passed as amended by Senate and referred to Assembly Health and Human Services Committee on 4/19/17.  Committee recommended passage on 5/11/17.

 

 

NY AB 2433 Numerous Assembly sponsors  

Establishes new procedure for addressing abandoned infants, and requires appointment of counsel for such infants.


 

Introduced and referred to Judiciary Committee on 1/20/17.

 

NY AB 3666 Numerous Assembly sponsors

Creates process for involuntary civil commitment due to substance abuse, and requires appointment of counsel.


Introduced and referred to Alcoholism and Drug Abuse Committee on 1/30/17.  Held for consideratio on 4/4/17.


NY AB 4305 Assemblyman Lawrence

Requires minor to notify parents prior to abortion, and provides right to appointed counsel upon request if minor seeks judicial bypass of parental notification requirement.

 

Introduced and referred to Health Committee on 2/2/17.

NY AB 5524 / SB 4407 Numerous Assembly cosponsors / Sen. Lanza

Increases age of consent to marry to 17, and requires court to appoint counsel if applicant for marriage is 17 years old.

AB 5524 introduced and referred to Judiciary Committee on 2/10/17.  Recommitted to Judiciary Committee on 2/28/17.


SB 4407 introduced and referred to Judiciary Committee on 2/14/17.  Committee discharged bill, passed Senate, and referred to Assembly Judiciary Committee on 3/7/17.


NY AB 5637 Numerous Assembly cosponsors

Requires minor to obtain parental consent prior to abortion, and provides right to appointed counsel upon request if minor seeks judicial bypass of parental consent requirement.

 

Introduced and referred to Health Committee on 2/14/17.

NY AB 5840 / SB 5842 Assemblymembers Lavine and Buchwald / Sen. Hannon

Would require appointment of counsel for guardianships of adults with developmental disabilities.


AB 5840 introduced and referred to Judiciary Committee on 2/16/17.


SB 5842 introduced and referred to Judiciary Committee on 5/2/17.


NY AB 6402 Numerous Assembly cosponsors

Creates process for registration of drug dealers, and requires appointment of counsel for those challenging registration tier.


Introduced and referred to Correction Committee on 3/7/17.


NY SB 17 Sen. Hoylman and various cosponsors

Establishes paternity proceedings for children born through artificial insemination or surrogate parenting, and requires counsel to be appointed for child.


Prefiled on 12/29/16.  Referred to Judiciary Committee on 1/4/17.  Amended and recommitted to Judiciary on 4/17/17.


NYC Intro 214-A Councilmembers Levine/Gibson + veto-proof majority

Would create a right to counsel for eviction and foreclosure cases for those at 200% or below of poverty level.

Introduced and ref'd to Committee on Courts and Legal Services on 3/26/14.  Re-ref'd to Committee on 2/24/15.  Committee public hearing held on 9/26/16.  Mayor announced intention to fund on 2/12/17.


NYC Intro 96 Councilmember Mendez + 40 co-sponsors

Would create a right to counsel for eviction and foreclosure cases for seniors at a certain income level.

Introduced and ref'd to Committee on Aging on 2/26/14. Committee hearing held on 10/26/16.


OR HB 2021 Rep. Barker, Sen. Courtney

Establishes procedure to detain person as sexually violent offender after completion of prison sentence, and requires counsel for proceedings.

 

Introduced on 1/9/17.  Referred to Judiciary Committee on 1/17/17.
OR SB 501 Senate Committee on Judiciary

Requires court to appoint counsel for adult protective proceedings (including guardianships) upon request, provided that court holds hearing (which is required if objection is lodged to proceeding).

 

Introduced and sent to President's desk on 1/9/17.  Referred to Judiciary and Ways and Means Committee on 1/17/17.  Public hearing held on 3/1/17.

 

OR SB 502 Senate Committee on Judiciary

Requires court to hold hearing for any petition for appointment of fiduciary or guardian filed by a county public guardian, and requires counsel to be appointed for such hearings.


Introduced and sent to President's desk on 1/9/17.  Referred to Judiciary and Ways and Means Committee on 1/17/17.  Public hearing held on 3/1/17.  Judiciary recommended passage and referred to Ways and Means Committee on 4/20/17.


PA HB 384 / SB 391 Numerous cosponsors for both bills

Creates process for involutary treatment due to drugs/alcohol and requires appointment of counsel for such proceedings.


HB 384 introduced and referred to Human Services Committee on 2/7/17.


SB 391 introduced and referred to Judiciary Committee on 2/28/17.


PA HB 1155 Numerous cosponsors

Would provide right to appointed counsel for indigent owners of real property in civil forfeiture actions where both of the following are true: a) such owners are not charged with an offense; and b) the property is being used as a primary residence by that owner.

 

Introduced and referred to Judiciary Commitee on 4/12/17.


PA HB 1233 / SB 599 Numerous house reps / Numerous senators

Requires appointment of counsel when involuntary inpatient treatment converted to outpatient treatment.


HB 1233 filed and referred to Human Services Committee on 4/17/17.


SB 599 filed and referred to Health and Human Services Committee on 4/13/17.


PA SB 314 Numerous cosponsors

Creates process for registration of domestic violence predators, and requires appointment of counsel for those challenging registration.


Introduced and referred to Judiciary Committee on 2/15/17.


RI HB 5503 Reps. Jacquard, Vella-Wilkinson, Morin, Null, and Nunes

Would replace current sex offender registration and notification requirements (which include right to appointed counsel to challenge registration/notification) with federal SORNA (which does not).


Introduced and referred to House Finance Committee on 2/15/17.  Commitee recommended holding for further study on 4/27/17. 


RI HB 5807 /SB 669 Reps. Ruggiero, McNamara, Blazejewski, Vassell, and Jacquard / Sens. Dipalma, Miller, McCaffrey, Conley, and Satchell

Would provide for voluntary extension of services for children in foster care from ages 18-21, and requires appointed counsel for child in proceedings to set up such care.


HB 5807 introduced and referred to House Finance Committee on 3/1/17.

 

SB 669 introduced and referred to Judiciary Committee on 3/29/17. Hearing and/or consideration on 4/27/17.  Public hearing on 5/9/17, where committee recommended holding for further study.

 

 

 

TX HB 205 Rep. Keough 

Requires counsel to be appointed when suit brought against parent for required participation in court-ordered services.


Prefiled on 11/14/16.  Referred to Human Services Committee on 2/14/17.  Left pending in committee on 4/17/17.  Reported favorably as substituted on 4/27/17.


TX HB 596  Rep. Johnson

Requires the counsel or GAL appointed for child in conservatorships to continue appointment as long as child remains in conservatorship.

 

Filed on 12/14/16.  Referred to Juvenile Justice and Family Issues Committee on 2/20/17.  Scheduled for public hearing on 4/26/17.  Committee substitute considered but left pending in committee on 5/3/17.

 

 

TX HB 3109 / HB 7 Rep. Giddings / Sen. West 

Requires attorney ad litem appointed for child in conservatorships to continue appointment as long as child remains in conservatorship, subject to certain exceptions.


HB 3109 filed on 3/7/17.  Referred to Human Services Committee on 3/29/17.  Public hearing and left pending in committee on 4/10/17.  Committee reported favorably as substituted on 4/27/17.


HB 7 filed on 3/10/17.  Referred to Human Services Committee on 3/13/17.  Reported favorably as substituted on 4/17/17.  Passed House as amended on 5/9/17.  Referred to Senate Health and Human Services Committee on 5 /10/17.  Scheduled for public hearing on 5/17/17.

 

TX HB 3542 Rep. Cain

Requires AG to appoint attorney ad litem for unborn child where there is issue of withholding of life-sustaining medical treatment from pregnant patient.

 

Introduced on 3/9/17.  Referred to State Affairs Committee on 3/31/17.

 

TX HB 3658 / SB 1912 Rep. Hinojosa / Sen. Zaffirini

Clarifes that right to counsel applies to all proceedings under the Mental Health Code.

 

HB 3658 filed on 3/9/17.  Referred to Public Health Committee on 3/31/17.

 

SB 1912 introduced and referred to Health and Human Services Committee on 3/23/17.  Public hearing and left in committee on 4/5/17.  Considered in public hearing on 4/19/17.  Reported favorably as substituted on 4/24/17.  Passed Senate and sent to House on 5/4/17.  Referred to Public Health Committee on 5/9/17.  Public hearing on 5/16/17.

 

 

 

VT HB 263 Reps. Lucke, Frank, Christie, Dunn, and Savage

Provides procedure for health care worker exposed to bodily fluids of patient with communicable diseas to petition court to obtain blood sample from patient, and provides right to appointed counsel for "any indigent client not already represented."

 

Introduced and referred to Human Services Committee on 2/14/17.

Dead bills

 

State Bill # Sponsor(s)

Description

Status

AR

SB 18 Sen. Clark Would remove the indigency requirement for a parent to have a right to counsel in termination of parental rights cases.

Prefiled on 12/2/16.  Referred to Judiciary Committee on 1/9/17.  Died in committee.

 

AR

SB 736 Sen. Clark Would remove the indigency requirement for a parent to have a right to counsel in abuse/neglect cases, and extend right to appointed counsel to putative parents. 

Introduced and referred to Judiciary Committee on 3/6/17.  Amended and re-referred to Judiciary Committee on 3/22/17.  Died in committee.

 

AZ

HB 2098 Rep. Thorpe Requires the public defender to be appointed in civil forfeiture proceedings.

Introduced and referred to JPS, FPRPP, and Rules Committees on 1/17/17.  FPRPP Committee approved on 1/24/17.  Died in JPS Committee.

 

GA

SB 130 Numerous cosponsors in Senate Would require that waiver of counsel for parents is knowing/voluntary and on the record.

 Introduced on 2/7/17.  Committee substitute approved on 2/17/17.  Substitute bill passed Senate on 2/28/17.  Referred to House on 3/1/17.  House Committee favorably reported by subsitute on 3/22/17.  House passed by substitute on 3/28/17.  Ran out of time to reconcile.


HI

SB 1061 Sen. Shimabukuro Would address timing of appointment of counsel for parents in child welfare proceedings.

Referred to JDL and WAM committees on 1/31/17.  Died in committee.


IA

HB 448  Rep. Carlin  

Creates process for commitment of individual with intellectual disability who poses danger to self/others, and requires appointment of counsel for such proceedings.


Introduced and referred to Judicairy Committee on 2/28/17.  Died in committee. 

IL

HB 468  Rep. Riley   Would abolish civil forfeiture and provide a right to counsel for criminal forfeiture proceedings.

Filed and referred to Rules Committee on 1/17/17.  Assigned to Judiciary - Criminal Committee on 2/2/17.  House tabled bill on 2/16/17.


IN

SB 8 Sens. Boots, Young, Kruse, and Randolph Would require a criminal conviction prior to forfeiture, and where defendant is represented by Public Defender in criminal proceeding, would authorize PD's office to represent the individual in the forfeiture proceeding.

Introduced and referred to Committee on Corrections and Criminal Law on 1/3/17.  Committee recommended passage of substitute on 2/3/17.  Passed Senate on 2/28/17.  Referred to House Committe on Courts and Criminal Code on 3/6/17.  

 Died in committee.

 

IN

SB 113  Sen. Kruse Would abolish civil forfeiture and provide a right to counsel for criminal forfeiture proceedings.

Prefiled and sent to Committee on Corrections and Criminal Law on 1/4/17.  Died in committee.


KS

HB 2306 House of Delegates Judiciary Committee  Clarifies that civilly committed sex offender has right to appointed counsel for annual review hearing, which would implement Court of Appeals decision.  

Introduced and referred to Judiciary Committee on 2/7/17.  Committee recommended passage with amendments on 3/23/17.  Passed House on 3/28/17.  Referred to Senate Judiciary Committee on 3/29/17.  Died in committee.

 

 

MD

HB 428 Numerous delegates  

Establishes procedure for termination of parental rights where child is product of nonconsensual sexual conduct, and requires appointment of counsel for termination hearing.

 

Introduced on 1/26/17.  Reported favorably with amendments by Judiciary Committee on 3/7/17, and passed House on 3/9/17.  Passed Senate with amendments on 4/6/17.  House declined to accept Senate amendments and Senate refused to recede, so conference committee appointed on 4/10/17.  Sine die occurred on 4/10/17.

 

MD

HB 1165 Numerous delegates

Establishes procedures to set up visitation by family of person subject to guardianship, and permits court to appoint counsel for ward in visitee proceeding.

 

Introduced and read by Health and Government Operations on 2/9/17. Committee recommended passage with amendments on 3/24/17.  Passed House on 3/28/17.  Referred to Senate Judicial Proceedings Committee on 3/29/17.  Hearing on 4/4/17.  Died in committee.

 

ME

HB 363 Various cosponsors   

Would require appointment of counsel for child in child protective proceedings who is living with relative.

 

 

Introduced and referred to Judiciary Committee on 2/2/17. Died on 4/20/17.

MS

HB 672 / HB 1033 / SB 2527 Rep. Wooten / Reps. Gipson and BomgarSen. Horhn

Would require counsel to be appointed prior to incarceration for failure to pay fees/fines.


HB 672 introduced and referred to Judiciary A on 1/13/17.  Died in Committee on 1/31/17.

 

HB 1033 introduced and referred to Judiciary B on 1/16/17.  Committee substitute removed right to counsel and was favorably voted on 1/26/17.  Motion to reconsider tabled on 2/10/17.  Senate passed amended version on 3/7/17.   House declined to concur with Senate amendments on 3/16/17, so conference named.  Conference report adopted in House and Senate on 3/28/17.  Vetoed on 4/18/17.


SB 2527 introduced and referred to Judiciary A Committee on 1/16/17.  Died in committee on 1/31/17.

 

NV

SB 158 Senate Judiciary Committee 

Requires court to appoint counsel for adult ward in guardianship proceeding without request.

 

SB 158 introduced and referred to Committee on Judiciary on 2/13/17.  Died in committee.

NV

SB 382 Numerous cosponsors  

Changes parental notification law for minor to have abortion so that initial request to waive parental notification is made to child welfare services agency instead of court, and if denied, minor can request judicial review by court and has right to appointed counsel.


 

Introduced and referred to Committee on Health and Human Services on 3/20/17.  Died in committee.

OK

SB 93 Sen. Smalley, Rep. Biggs

Would require appointment of counsel or a GAL for a child in need of medical treatment prior to releasing said child from emergency state custody if parents rely on spiritual means alone to treat child.

Introduced on 2/6/17.  Referred to Judiciary Committee on 2/7/17.  Died in committee.


TX

SB 1912  Sen. Zaffirini

Clarifes that right to counsel applies to all proceedings under the Mental Health Code.

 

Filed on 3/10/17.  Referred to Health and Human Services Committee on 3/29/17.  Considered at public hearing and left in committee on 4/5/17.  Considered at public hearing on 4/19/17.  Reported favorably as substituted on 4/24/17.


 WA HB 1003 Numerous cosponsors   

Requires parental notification for minor to obtain abortion, and requires appointment of counsel for minor in judicial bypass proceeding.

Prefiled on 12/6/16.  Assigned to Health Care and Wellness Committee on 1/9/17.  Died in committee.

WA

SB 5320 numerous Senate sponsors Requires parental notification for minor to obtain abortion, and requires appointment of counsel for minor in judicial bypass proceeding.

Introduced and referred to Law and Justice Committee on 1/20/17.  Public hearing on 1/26/17.  Senate approved on 2/8/17.  Referred to Senate Rules Committee on 2/22/17.  Set as "X" file on 3/17/17. 

 

WA

HB 1251 / SB 5363 Numerous sponsors for both bills  

Would require counsel to be appointed for child two years or older in dependency proceeding.

HB 1251 introduced and referred to Judiciary Committee on 1/16/17.  Public hearing on 1/24/17.  Judiciary Committee approved substitute on  2/9/17.  Referred to Appropriations Committee on 2/13/17.  Public hearing set but no action taken on 2/14/17.

 

SB 5363 introduced and referred to Human Services, Mental Health & Housing Committee on 1/20/17.  Public hearing on 1/30/17.  Died in committee.

 

WV

HB 2808 Dels. Summers, Atkinson, Ellington, Rohrbach, and Shott   

Establishes procedure for involuntary outpatient treatment and requires appointment of counsel.

 

Introduced and referred to Health and Human Resources and then Judiciary Committee.  HHR Committee recommended passage with amendment on 3/10/17.  Judiciary Committee passed substitute bill on 3/20/17.  Passed House on 3/23/17.  Sent to Senate Health and Human Resources and Judiciary Committees on 3/24/17