2016 CIVIL RIGHT TO COUNSEL BILLS

Status

Create hearing w/right to appointed counsel to determine whether person already under conservatorship is "gravely disabled" but unwilling to accept treatment.  

SJR 28 ntroduced on 8/23/16.  Adopted by the Senate on 8/25/16.  Ref'd to Assembly Judiciary Committee on 8/29/16.  Passed Assembly on 8/31/16 and Chaptered by Secretary of State on 9/9/16.

Repeals the provision that sunsets the Shriver Civil Counsel Act pilot projects.

Signed by Governor on 6/27/16.

Provides for appointment of counsel post-adjudication of guardianship or conservatorship of property, if court determines it is necessary.

Signed by Governor on 6/10/16.

Establishes a legislative task force to study impact of lack of access to counsel in civil cases and make recommendations.

Signed by Governor on 6/10/16.

Introduced and assigned to Senate Judiciary Committee on 5/18/16.  Reported favorably out of committee on 6/8/16.  Passed Senate on 6/9/16.  Assigned to House Judiciary Committee on 6/10/16.  Reported favorably out of Committee on 6/15/16.  Passed House with amendments on 6/29/16.  Passed Senate on 6/30/16.  Signed by Governor on 9/6/16.

Creates new process for ordering extended involuntary outpatient treatment for substance abuse, and requires counsel to be appointed. 

Approved by Governor on 4/15/16.

Requires appointment of counsel where Chief Medical Officer of facility determines discharge of person subjected to involuntary treatment would be unsafe.

Signed by Governor on 4/26/16.

Permits youth court to appoint counsel for indigent parents in abuse/neglect or termination of parental rights proceedings, and requires appointed attorneys to receive training.  States that the Public Defender's office may provide representation in these cases.

Signed by Governor on 5/13/16.

Permits court to appoint counsel for parents in termination of parental rights cases.

Signed by Governor on 4/18/16.

Requires all GALs to be attorneys, and says GALs can act as their own counsel or as counsel for protected person unless there are "special reasons" why GAL or protected person should have separate counsel, at which point the GAL has right to appointed counsel without regard to ability to pay. 

Approved by Governor on 4/20/16.

Permits court to appoint counsel for someone other than defendant who has claimed interest in property subject to forfeiture due to certain criminal activities.

Approved by Governor on 4/19/16.

Requires appointment of counsel where care facility petitions court for appointment of "special Medicaid Representative" to seek reimbursement for facility care costs.

Provides for registration of juvenile sex offenders, and RTC at hearing. 

Signed by Governor on 4/4/16.

Authorizes two committees to hold hearings on issues related to low-income renters, with right to counsel as potential solution.

Passed City Council on 11/4/16.

Eliminates requirement for appointed counsel in guardianship proceeding under certain circumstances.

Signed by Governor on 3/30/16.

Permits court to appoint counsel for parents in termination actions brought by private party under Juvenile Code.

Signed by Governor on 3/22/16.

Approved by Governor on 3/29/16.

Description

HR 5283 (Due Process Act)

Introduced and ref'd to Committees on Judiciary, Financal Services, and Energy/Commerce on 5/19/16.  Approved by voice vote in Judiciary Committee on 5/25/16.  Placed on Union Calendar on 12/23/16.

HR 4646 / S2540 (Fair Day in Court for Kids Act)

S3106 (Secure the Northern Triangle Act)

HR 5851 / S3241 (Refugee Protection Act)

S2540 introduced and referred to Senate Judiciary Committee on 2/11/16.

S3106 introduced and referred to Senate Judiciary Committee on 6/28/16.

HR 5851 introduced and assigned to Homeland Security, Budget, Judiciary, and Ways & Means Committees on 7/14/16.  Ref'd to Subcommittee on Human Resources on 8/17/16.

S3241 introduced and assigned to Judiciary Committee on 7/14/16.

S2427 introduced and ref'd to Senate Health, Education, Labor, and Pensions Committee on 12/18/15.

HR 5689 introduced and ref'd to House Judiciary and House Energy and Commerce Committees on 7/8/16.  Ref'd to Judiciary's Subcommittee on the Constitution and Civil Justice on 7/22/16.

B21-0879 

Washington Post story 

Press release

Introduced and ref'd to Judiciary Committee on 9/20/16.  Public hearing on 10/19/16.  Died in committee.

Introduced and assigned to Senate Public Safety Committee on 4/12/16.  Died in committee.

HB 949 Filed 12/14/15, through Civil Justice Subcommittee 2/1/16, read 1st time by House on 2/3/16, in Justice Appropriations Subcommittee as of 2/4/16.  Legislature adjourned sine die on 3/11/16.

SB 1212 filed 12/21/15, reported favorably by Judiciary Committee 1/26/15, reported favorably by Appropriations Subcommittee on 2/17/16, sent to Appropriations on 2/19/16.   Legislature adjourned sine die on 3/11/16.

HB 1073

Provides that a parent can only waive counsel in child welfare cases provided that waiver is knowing, voluntary, and on the record.

Added to House Hopper on 2/22/16. Favorably reported out of House Committee on 2/24/16. Passed House on 2/26/16 and ref'd to Senate on 2/29/16. Received favorable committee report on 3/11/16. Read by Senate second time on 3/14/16.  Tabled on 3/22/16.

Filed in 2/22/16 after study bill (SSB 3103) approved by committee on

2/18/16.  Passed Senate on 2/29/16 and sent to House Judiciary Committee on 3/1/16.  Passed subcommittee on 3/9/16.  Legislature went into recess on 4/27/16.

Would abolish civil forfeiture and require appointment of counsel for criminal forfeiture proceedings.

Introduced and referred to Rules Committee on 2/11/16.  Assigned to Judiciary -  Civil Committee on 3/23/16.  Re-referred to Rules Committee on 4/8/16.  Died in committee.

Requires counsel to be appointed for parents prior to temporary removal hearing, rather than after.

Prefiled on 11/30/15.  Posted to Judiciary Committee on 2/8/16.  Received favorable report on 3/16/16.  Passed 3rd reading in House on 3/18/16 and sent to Senate Judiciary  Committee on 3/23/16.  Died in Committee on 4/15/16.

Would provide a right to counsel for indigent individuals in eviction proceedings.

Ref'd to Joint Committee on the Judiciary.  Hearings took place on 5/12/15 and 11/3/15.  Bill sent for further study on 3/16/16.

Creates hearing process when adult children seek to compel visitation with parent, and specifies that court may appoint counsel for proposed visitee. 

HB 43 pre-filed on 8/16/15, Judiciary Committee hearing on 1/28/16, and unfavorable committee report on 3/7/16. SB 70 pre-filed on 11/13/15. Judiciary Committee hearing on 1/28/16.  Unfavorable committee report and withdrawn on 3/11/16.

HB 646

Establishes new termination of parental rights procedure for rape, and provides right to counsel.

Read 1st time by House Judiciary Committee on 2/4/16.  Favorable report with amendments, and passed House on 3/21/16.  1st reading by Senate Judicial Proceedings Committee on 3/22/16.  Reported favorable with amendments on 4/11/16.  Legislature adjourned sine die on 4/11/16.

HB 866 / SB 833 

Would establish a pilot project to provide and study counsel in DV proceedings.

HB 866 had Judiciary Committee hearing on 3/2/16. Received unfavorable report and withdrawn on 3/17/16. SB 833 had Judicial Proceedings Committee hearing on 3/8/16, and received unfavorable report on 3/14/16.

Introduced and read first time on 3/10/16.  Read second time on 3/14/16.  Sent to Civil and Criminal Proceedings Committee on 5/13/16.  Died in committee. 

Both bills referred to Judiciary A on 2/8/16 and died in committee on 2/23/16. 

Requires all GALs to be attorneys, and says GALs can act as their own counsel or as counsel for protected person unless there are "special reasons" why GAL or protected person should have separate counsel, at which point the GAL has right to appointed counsel without regard to ability to pay.

Introduced 1/15/16.  Judiciary Committee hearing on 2/3/16.  Indefinitely postponed on 4/20/16.

Pre-filed in House on 1/19.   House Judiciary Committee voted Do Not Pass.  Committee substitute (complete rewrite w/o right to counsel)  passed Judiciary Committee and House unanimously on 2/2/16, but died in Senate Judiciary Committee on 2/5/16.

Creating new termination of parental rights process where child conceived due to "criminal sexual penetration", and specifying that court may appoint counsel for indigent party.

Introduced and referred to Acoholism and Substance Abuse Committee on 3/22/16.  Died in committee.

S2061 ref'd to Local Government Committee on 1/21/15, amended (funding changed to county/state match) and recommitted on 2/12/15, ref'd to Local Government on 1/6/16. Died in committee.

A05457 ref'd to Judiciary Committee on 2/24/15 and again on 1/6/16.  Died in committee.

Introduced and ref'd to Agriculture Committee on 1/6/16.  Second report on 5/11/16.  Amended on third reading on 6/9/16.  Committed to Rules Committee on 6/17/16.  Died in committee.

AB 10685 introduced and ref'd to Judiciary Committee on 6/13/16.  Died in committee.

SB 8122 introduced and ref'd to Rules Committee on 6/13/16.  Died in committee.

Would permit court to appoint counsel for person bringing action regarding discrimination on basis of sexual orientation in housing or employment. 

Creates new involuntary commitment procedure for substance abuse, and specifies that respondent must be notified that they "may be represented by court-appointed counsel at public expense" if indigent.

Introduced and ref'd to Judiciary Committee on 6/4/16.  Reported as amended on 9/26/16.  Re-referred to Appropriations Committee on 9/27/16 and re-reported as amended.  Passed Senate and sent to House on 9/28/16.  Ref'd to House Judiciary Committee on 10/3/16.  Died in committee.

Creates new procedure for adult protective services and requires appointment of counsel for proposed protected person. 

HB 203 introduced and ref'd to Committee on Health, Welfare and Institutions on 12/28/15.  Reported favorably out of committeee on 1/28/16.  Ref'd to Committee on Appropriations on 1/28/16. Left in Appropriations on 2/18/16. 

HB 935 introduced and ref'd to Committee on Health, Welfare and Institutions on 1/12/16. Left in committee on 2/16/16.

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 ref'd to Committee on Human Services on 1/27/16.  Legislature adjourned sine die on 3/12/16.

Would require court to appoint counsel for parents in abuse/neglect cases where child is removed from home, and would permit court to appoint counsel to any other party in the case.

Introduced and referred to Committee on Family Law on 3/29/16, but session had already ended.