HB 1248 - AS INTRODUCED

2016 SESSION

16-2176

05/03

HOUSE BILL 1248

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

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

COMMITTEE: Children and Family Law

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ANALYSIS

This 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: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2176

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

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

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

1  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.

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

II-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.

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