2019/2020 Civil Right to Counsel Bills

Description

Status

Requires appointment of counsel for defendant when law enforcement officer seeks temporary extreme risk protection order to require person to surrender firearms.

Requires court to appoint counsel for minor seeking emancipation.

Requires court to appoint counsel for objecting parent, and permits court to appoint counsel for minor, in private guardianship proceedings.

Creates a pilot project for the public defender to provide assistance to parents prior to the initiation of formal dependency proceedings.

Requires court to appoint an attorney ad litem for a minor seeking emancipation. 

Permits court to appoint attorney for person taken into protective custody by law enforcement in hearing to determine if person must surrender weapons.

Permits court to appoint counsel for adult or minor subjected to conservatorship.

Clarifies that parents have right to counsel when unruly or delinquent child is placed in DSS custody.

Permits court to appoint counsel for child when visitation or custody by nonparent is being considered.

Signed by Governor on 4/12/19.

Puts child guardianships under the jurisdiction of the juvenile court instead of the probate court, requires court to appoint counsel for birth parents, and permits court to appoint counsel for child.

Requires court to appoint counsel for youth-turned-adult still in voluntary foster care.

Signed by Governor on 3/13/19.

Requires guardian to seek court approval for sterilization of ward, and requires appointment of attorney and GAL for ward unless ward already has attorney or GAL.

Approved by Governor on 5/8/19.

Establishes involuntary outpatient treatment and requires appointed counsel for potential patient.

Signed by Governor on 3/25/19.

Creates program to provide voluntary extended foster care for youths 18-21 and authorize court to appoint counsel for the process.

Requires the court to appoint counsel for a prisoner subjected to medical/mental health treatment, where such prisoner cannot consent to the treatment.

Approved by Governor on 3/26/19.

Requires court to appoint counsel for parent in private guardianship proceeding, and court may appoint counsel for minor as well.

Signed by Governor on 5/21/19.

Strengthens right to counsel for parents and children in child welfare proceedings.

Approved by Governor on 5/29/19.

Description

Latest Status

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

Referred to Committee on Energy and Commerce, and also Committee on the Judiciary, and then to subcommittee on Health and subcommittee on Constitution, Civil Rights, and Civil Liberties on 2/25/19.

S.662 ("Fair Day in Court for Kids Act") / S.1445 ("Central America Reform and Enforcement Act") / S.1733 ("Protecting Families and Improving Immigration Procedures Act") / HB 3918 / SB 2113 ("Stop Cruelty to Migrant Children Act")

Would require appointment of counsel for unaccompanied children in immigration removal proceedings.

S.662 introduced to Judiciary Committee on 3/5/19.

S.1445 ntroduced and referred to Judiciary Committee on 5/14/19.

S.1733 referred to Judiciary Committee on 6/5/19.

HB 3918 sent to Judiciary Committee, and then to subcommittees of Border Security, Facilitation, and Operations and to Immigration and Citizenship on 8/6/19.

SB 2113 sent to Judiciary Committee on 7/15/19.

HB 1012 ("Reunite Every Unaccompanied Newborn Infant, Toddler and Other Children Expeditiously Act")

Would guarantee appointment of counsel for children and vulnerable adults in immigration removal proceedings.

Requires appointment of counsel for minors and "vulnerable adults" in immigration removal proceedings.

Referred to Committee on Foreign Affairs as well as a number of other committees, and then to subcommittees of Border Security, Facilitation, and Operations and to Immigration and Citizenship on 8/2/19.

Would require appointment of counsel for immigrant seeking judicial review of denial of adjustment of status in certain circumstances.

HR 6 passed House on 6/4/19.

HR 2820 voted favorably in House Judiciary Committee on 5/22/19.

Requires appointment of counsel for minors and "vulnerable aliens" in immigration removal proceedings.

HB 4155 sent to Judiciary Committee, then Subcommittee on Immigration and Citizenship on 8/15/19.

S. 2389 sent to Judiciary Committee on 7/31/19. 

HR 5210 introduced and referred to several committees on 11/21/19.

SB 2936 introduced and referred Judiciary Committee on 11/21/19.

Would require appointment of counsel for defendant in civil forfeiture case.

Referred to Committee on the Judiciary, as well as to the Committees on Financial Services, and Energy and Commerce, as well as Subcommittee on Crime, Terrorism, and Homeland Security, on 6/26/19.

Would provide $6.5 billion in federal funding over 10 years to states/cities pursing a right to counsel for tenants facing eviction.

Would provide state/local funding for eviction representation and provide priority to jurisdictions establishing or pursuing right to counsel for tenants facing eviction.

Referred to Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the Judiciary Committee on 1/30/20.

Would create a federal grant program for representation of tenants, with a preference for jurisdictions that have established a right to counsel.

HB 5884 referred to House Committee on Financial Services on 2/13/20.

S. 3305 referred to Committee on Banking, Housing, and Urban Affairs on 2/13/20.

S. 3452 ('Affordable Housing Opportunities Made Equitable Act")

Would provide federal funding to states/cities pursing a right to counsel for tenants facing eviction.

HB 7847 / SB 4399 ("Housing Emergencies Lifeline Program", or "HELP")

Would provide federal funding to states/cities to expand tenant represntation.

HB 7847 ntroduced and referred to House Committee on Financial Services on 7/28/20.

SB 4399 introduced and referred to Committee on Banking, Housing, and Urban Affairs on 8/3/20.

Would provide $500 million in federal funding to states/cities to expand tenant representation, and guarantee counsel for tenants facing eviction in violation of CARES Act.  

Introduced and referred to Committee on Banking, Housing, and Urban Affairs on 8/10/20.

Would authorize state courts to appoint counsel for individual potentially subject to extreme risk protection order that would block possession of firearms.

HB 5717 referred to various committees on 1/30/20.

SB 3254 referred to Committee on Finance on 2/5/20.

Would clarify the standards for appointing counsel in federal court civil cases.

Urges recognition of a right to counsel in civil cases and for Congress to support state/local efforts.

Would provide right to counsel for defendants in federal civil forfeiture proceedings.

Would require appointment of counsel for a person filing suit to challenge the refusal of a business providing goods/services to accept cash (except goods sold by telephone, mail, or internet).

Resolution supporting the concept of a right to counsel in civil cases.

Assigned to Judiciary Committee on 5/8/20.

Would create process for sex offender to petition for removal from registry and would require appointed counsel for petitioner if indigent.

Would require criminal conviction prior to most forfeiture and would require appointment of public defender for forfeiture proceedings.

Would require court to appoint counsel for out-of-home placement provider accused of abuse.

Did not pass Senate on 3/16/20.

Would specify that appointed counsel in conservatorships represents the expressed interests of the conservatee.

Introduced on 2/14/20.

Requires court to appoint counsel for parent in administrative proceeding on whether to list parent in abuse registry.

Referred to Public Health Care & Human Services Committee on 1/14/20.

Would require appointment of counsel for a child in a paternity proceeding if the court determines the child's interests aren't represented.

Would provide state funding for legal representation of DV victims seeking an order of protection.

SB 7 referred to Judiciary Committee on 2/5/20.

SB 456 referred to Joint Judiciary Committee on 3/10/20.

Requires counsel to be appointed for children in state department foster care custody up to age 23.

Joint Committee reported substitute on 3/10/20.

Would establish a right to counsel for minors in immigration removal proceedings.

Referred to Joint Judiciary Committee on 3/2/20.

Would create involuntary outpatient treatment process and required appointment of counsel for respondent.

Would require parental consent for minor to have abortion and appoint counsel for minor.

Passed Senate and House on 2/20/20.

Would require court to appoint counsel for parents in child welfare proceedings at the first hearing or delay proceedings absent an emergency.

HB 905 did not make it out of in  HSH, JUD, and FIN Committees, but carried over to 2020.

SB 214 passed HMS Committee with amendments but did make it out of JDC Committee.  Carried over to 2020.

SB 2110 passed Senate, and reported with amendments by HSH committee on 3/11/20.  Now in JUD and FIN committees.

Makes appointment of counsel for quarantine discretionary rather than mandatory.

Conference committee resolving differences between House and Senate versions.

Would require court to automatically apoint counsel for protected person in guardianship proceeding, rather than requiring a request.

Deferred by JDC Committee on 2/1/19 but carried over to 2020 session.

Would require appointment of attorney for respondent in proceeding to appoint emergency temporary guardian or conservator.

Introduced on 1/16/20.

Permits court to appoint counsel for petitioner in sexual harrassment no contact order proceeding if respondent is represented.

SB 38 did not receive committee assignment, but carried over to 2020.

SB 1588 passed Senate.  Did not make it out of Rules Committee, but carried over to 2020.

Would remove requirement that court appoint attorney ad litem for child in "related adoptions" where child is not youth in care, and instead make appointment discretionary.

Passed Senate and referred to House Rules Committee on 2/27/20.

Requires appointment of attorney ad litem for 17-year old petitioning court to marry and be emancipated.

Reported favorably by Judiciary Committee on 1/28/20.

Requires court to appoint counsel for a child alleged to be a child in need of services as a victim of human or sexual trafficking.

Referred to Judiciary Committee on 1/13/20.

Would require court to appoint attorney as guardian ad litem for minor seeking emancipation.

Passed Senate, and House as amended on 3/2/20, but Senate dissented on House amendments on 3/5/20.

Creates process for arbitration of private custody disputes and authorizes arbitrator to appoint counsel for child to represent best interests.

Judiciary Committee recommended passage on 2/17/20.

Would require appointment of counsel for respondents in DV proceedings who are minors or incarcerated, and would specify that appointed counsel for parents in child welfare cases does not extend to appeals.

Passed House with committee substitute and floor amendments, and referred to Senate Judiciary Committee on 3/18/20.

HB 1537 referred to Joint Judiciary Committee and had public heairng on 7/16/19.

HB 3456 referred to Joint Judiciary Committee and had public heairng on 7/16/19.

SB 913 referred to Joint Judiciary Committee and had public heairng on 7/16/19.

Would create a pilot right to counsel project.

For HB 1537, Joint Committee on Judiciary had hearing on 7/16/20.

S2785 reported favorably by Joint Committee on Housing and referred to Senate Ways and Means Committee.

Would require appointment of counsel for potential guardians of children in certain situations.

Passed House and sent to Senate Ways and Means Committee on 8/3/20.

Would remove right to appointed counsel for sex offender classification hearings.

Referred to Joint Judiciary Committee on 1/22/19.

Would create a right to counsel for those voluntarily civilly committed who seek release.

Referred to Joint Judiciary Committee on 1/22/19.

HB 3347 referred to Joint Judiciary Committee on 1/22/19.

HB 3332 Reported favorably by Judiciary Committee and referred to  Joint Committee on Health Care Financing on 2/6/20.

SB 860 accompanied study order on 2/3/20.

Creates process for supported decisionmaking agreement for those with developmental, intellectual or physical disability, or those eligible for guardianship, and requires appointed counsel for indigent person subject to agreement if agreement is challenged on grounds of abuse/neglect.

HB 4349 reported favorably out of Committee on Children, Families and Persons with Disabilities on 2/3/20.

SB 2490 reported favorably by Committee on Children, Families and Persons with Disabilities and referred to Ways and Means Committee on 3/9/20.

Would require appointment of counsel for incapacitated person in proceedings regarding non-compliance with treatment plan.

Referred to Joint Judiciary Committee on 1/22/19.

Would require appointment of counsel for individual receiving critical community health services person in proceedings regarding non-compliance with service plan.

Accompanied a study order on on 2/20/20.

Requires court to appoint counsel when minor petitions for emancipation.

HB 458 referred to Judiciary Committee on 1/24/20.

SB 680 referred to Judicial Proceedings Committee on 2/3/20.

Requires court to appoint counsel for minor who petitions court for permission to marry.

HB 1231 passed House with amendments and referred to Senate Judicial Proceedings on 3/13/20.

SB 949 referred to Judicial Proceedings Committee on 2/3/20.

Would change right to appointed counsel for adult guardianships so as to not require ward to request appointed counsel.

Did not make it out of Judiciary Committee but carried over to 2020.

Would create right to counsel for all parties in extreme risk protective order proceeding related to firearms.

Would require appointment of counsel for tenants in public housing facing eviction due to an alleged breach of lease.

HB 2593 died in Judiciary Finance and Civil Law Division committee, but carried over to 2020.

SB 1785 died in Judiciary and Public Safety Finance and Policy committees, but carried over to 2020.

Requires court to appoint counsel for a "parent of an African American or other disproportionately represented child who is subject to an emergency protective care hearing."

HB 342 passed with amendments out of various committees but died in Health and Human Services Finance Division Committee.  Carried over to 2020.

SB 730 died in Judiciary and Public Safety Finance and Policy committees, but carried over to 2020.

Would require appointment of counsel for parents in abuse/neglect cases, rather than being discretionary (amended HB 3127 would establish task force to study issue rather than change law at present).

HB 3127 reported favorably as amended by Judiciary Finance and Civil Law Division and Government Operations, and referred to Health and Human Services on 3/12/20.

SB 3245 referred to Judiciary and Public Safety Finance and Policy Committees on 2/17/20.

Tweaks timing and waiver of appointment of counsel for children in child welfare proceedings.

Died in Judiciary and Public Safety Finance and Policy committees but carried over to 2020.

Requires appointment of counsel for child when court considers colocating child in "licensed residential family-based substance use disorder treatment program or services provided under the out-of-home placement plan."

Died in Health and Human Services Finance and Policy committee but carried over to 2020.

Would eliminate birth parent's right to counsel in adoption cases.

Referred to Seniors, Families and Children Committee on 2/20/20.

Would create guardianship study group that would examine, among other things, appointment of legal counsel in addition to guardian ad litem.

HB 619 passed House but died in Rules and Operations of the Senate Committee.  Carried over to 2020.

SB 337 died in Rules and Operations of the Senate Committee.  Carried over to 2020.

Makes appointment of counsel in child welfare proceedings automatic for juveniles regardless of county size, and specifies that counsel appointed for juvenile continues through post-dispositional proceedings until relieved by court or requested by the juvenile.

Died after Judiciary Committee hearing, but carried over to 2020.

Creates Youth in Care Bill of Rights, which includes appointment of counsel to advocate for the child's expressed interests.

Referred to Judiciary Committee on 1/14/20.

Would provide right to counsel to indigent person subject to loss of firearms due to emergency protection order in post secondary educational institution.

Referred for interim study by Education Committee on 2/19/20.

Permits court to appoint counsel for active service member who fails to appear in a proceeding.

AB 923 referred to Military and Veterans' Affairs Committee on 1/14/20.

SB 211 referred to Military and Veterans' Affairs Committee on 1/14/20.

Requires court to appoint counsel in hearing to establish limited guardianship for purposes of authorizing treatment for substance abuse.

AB 684 referred to Human Services Committee on 1/14/20.

SB 2002 referred to Health, Human Services and Senior Citizens Committee on 3/5/20.

Would require appointment of counsel for all conservatorship proceedings until conservatorship terminated.

AB 4615 referred to Assembly Aging and Senior Services Committee on 9/14/20.

SB 2877 referred to Health, Human Services and Senior Citizens Committee on 9/14/20.

Would require appointment of counsel for all guardianship proceedings until guardianship terminated.

AB 4618 referred to Assembly Aging and Senior Services Committee on 9/14/20.

SB 2876 referred to Health, Human Services and Senior Citizens Committee on 9/14/20.

Requires court to appoint counsel for child prior to involuntary treatment.

Referred to Human Services Committee on 1/14/20.

Would create legislative task force to study appointment of counsel for DV victims.

AJR 30 passed Assembly and referred to Senate Judiciary Committee on 2/24/20.

SJR 36 referred to Judiciary Committee on 2/3/20.

Requires court to appoint counsel for proceeding to civilly commit person for substance abuse.

Referred to Health, Human Services and Senior Citizens Committee on 8/3/20.

Permits court to appoint counsel for a senior citizen tenant in eviction proceedings.

Died in Housing committee but carried over to 2020.

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

Died in Alcoholism and Drug Abuse Committee but carried over to 2020.

Requires parental notification if minor seeks abortion and provides right to counsel for minor to seek judicial bypass of notification requirement.

AB 5999 died in Health Committee but carried over to 2020.

AB 6125 died in Health Committee but carried over to 2020.

Provides right to counsel for kinship caregivers and respondents in child guardianship proceedings.

AB 7586 died in Children and Families Committee but carried over to 2020.

SB 5434 died in Judiciary Committee but carried over to 2020.

AB 6273 died in Judiciary Committee but carried over to 2020.

AB 6273 died in Judiciary Committee but carried over to 2020.

Would establish a right to counsel for immigrants in removal proceedings.

Referred to Finance Committee on 1/15/20.

Would establish a Family Treatment Court Program within the child welfare context for parents with substance abuse issues and require the PD to provide counsel for eligible persons.

Recommended favorably by Judiciary Committee and referred to Ways and Means Committee, which recommended passage with amendments on 3/3/20.

Requires appointment of attorney, GAL, or "similar person" for child in parentage case if interests not adequately represented.

Referred to Judiciary Committee on 1/28/19.

Would require appointment of counsel for civil commitment of minors 14-18 years old who object to commitment.

Passed House and in Senate Health and Human Services Committee as of 6/6/19.

Requires appointment of counsel in "extreme risk protection order" hearings relating to possession of firearms.

HB 1075 referred to Judiciary Committee on 4/5/19.

SB 90 referred to Judiciary Committee on 2/14/19.

Creates process for involuntary treatment due to substance abuse and requires appointed counsel for indigent respondents.

Introduced and assigned to Human Services Committee on 10/15/19.

Would require appointment of counsel in involuntary treatment proceedings for drug abuse.

Referred to Judiciary Committee on 4/3/19.

Would create process for guardianship of medically disabled adult children and require appointed counsel for such adult children in proceedings to establish the guardianship.

Introduced and referred to Judiciary Committee on 10/24/19.

Would require court to appoint counsel for alleged disabled person in guardianship proceeding.

Referred to Judiciary Committee on 4/3/20.

Establishes involuntary outpatient treatment process and provides right to counsel for proposed patient.

HB 969 reported favorably with amendments by Health Committee and referred to Government Operations Committee on 6/2/20.

SB 1344 died in Judiciary Committee but carried over to 2020.

Would mandate the appointment of counsel for the protected person in a guardianship proceedings, rather than being discretionary.

Referred to Committee for Courts and Justice on 1/7/20.

Would allow friend or close relative to make request that counsel is appointed for protected person in guardianship proceeding (current law only allows request from protected person or guardian ad litem).

Civil subcommittee of Committee for Courts of Justice failed to recommend reporting on 1/31/20.

Would expand authorization of courts in First and Second Judicial Districts to appoint counsel for alleged victims from family abuse to also include dating relationship abuse.

Judiciary continued bill to 2021 on 2/3/20.

Would authorize court to appoint an attorney ad litem for the child in a private custody dispute.

Passed by indefinitely by Judiciary Committee on 2/5/20.

Establishes commitment procedure for IV drug users and requires appointment of counsel for respondent.

HB 3064 died in Prevention and Treatment of Substance Abuse Committee but carried over to 2020.

HB 4013 referred to Prevention and Treatment of Substance Abuse Committee on 1/9/20.

Would have limited parental RTC in dependency proceedings to situations where State files petition or is a party.

Would have required appointment of counsel for biological parents in certain adoption proceedings.

Would have required the court to appoint an attorney as guardian ad litem for minors seeking emancipation.

Postponed indefinitely by Committee on State, Veterans, & Military Affairs.

Would have required appointment of counsel for tenants in eviction cases.

Would have permitted court to appoint counsel for parent when child petitions for restoration of parental rights.

Would have required appointment of counsel for children in immigration proceedings.

Would have required appointment of counsel for children and adults in immigration proceedings.

Would have appropriated $800,000 for representation of children in immigration proceedings.

Joint Judiciary Committee recommended substitute bill, which got favorable report from Legislative Commissioners' Office and then died.

Passed out of Children, Families, and Elder Affairs Committee, but then died in Judiciary Committee.

HB 823 passed out of Children, Families, and Elder Affairs Committee, but then died in Health and Human Services Committee.

SB 646 passed out of Children, Families, and Elder Affairs Committee, but then died in Appropriations Subcommittee on Health and Human Services.

Would have required parental consent for minor to have abortion and require appointed counsel for minor in judicial bypass proceeding.

Received favorable report from Health Policy Committee, but then died in Judiciary Committee.

Requires appointment of public defender for minor subject to civil commitment.

Died in Judiciary Committee.

Requires court to appoint counsel when minor voluntarily consents to treatment at facility, in order to ensure consent was truly voluntary.

Died in Children, Families, and Seniors Committee.

Creates process for termination of parental rights when child is conceived as result of sexual assault, and requires appointment of counsel for parent.

Would have broadened discretionary power of judges to appoint counsel for minors and persons with disabilities.

Would have stripped the right to appointed counsel for parents where child in question conceived as result of rape or sexual battery.

Would have required court to terminate parental rights if child conceived as result of rape or sexual battery, and eliminates requirement of evaluating whether to appoint counsel in such proceedings.

Would have created procedure for civil commitment due to alcohol abuse and required appointment of counsel for respondent.

Died in Public Health and Human Services Committee.

Would have created process to establish limited guardianship due to alcohol abuse, and required appointed counsel for potential ward.

Died in Human Services Committee.

Would create legislative task force to study appointment of counsel for DV victims.

AJR 115 passed Assembly but died in Senate Judiciary Committee.

SJR 69 died in Senate Judiciary Committee.

Would have created parental notice requirement for minors to obtain abortion and authorized court to appoint attorney-GAL for minor.

Postponed indefinitely by HCPAC/HJC Committees.

Would have created pilot projects to provide counsel for children in contested custody cases.

Passed out of Judiciary Committee but died in Ways and Means.

Would have required appointment of counsel in adult protective and guardianship proceedings.

Passed out of Judiciary Committee with amendments but died in Ways and Means.

Would have required appointment of counsel in public guardianship proceedings.

Would have required appointment of attorney ad litem for every child in permanent managing conservatorship.

HB 3379 died in Human Services Committee.

SB 480 died in Health and Human Services Committee.

Would have specified that attorney ad litem appointed for child in conservatorship proceedings continues as long as child is in conservatorship of the department.

Died in Health and Human Services Committee.

Would have required appointment of counsel for parents and child child when petition filed to require child's custodian to participate in certain services related to the Department.

HB 3331ied after substitute reported favorably out of Human Services Committee.

SB 2091 died after being reported favorably out of Health & Human Services Committee.

Would have authorized court to appoint attorney ad litem for fetus when pregnant minor seeks judicial bypass of parental consent requirement.

Died after substitute reported favorably out of Judiciary & Civil Jurisprudence Committeee.

Would have required appointment of counsel for proposed incapacitated adult in proceeding to appoint parental administrator.

Died in Judiciary & Civil Jurisprudence Committee.

Would have authorized court to appoint counsel for ward in proceeding to terminate guardianship.

Passed Senate but died in House after being reported favorably out of Judiciary & Civil Jurisprudence Committee.