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| PRIOR PRINTER'S NO. 1439 | PRINTER'S NO. 1777 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EACHUS, YUDICHAK, WANSACZ, BOBACK, BRADFORD, BRENNAN, BRIGGS, BUXTON, CALTAGIRONE, CARROLL, D. COSTA, DALLY, GOODMAN, GRUCELA, HARHAI, HARKINS, HORNAMAN, KORTZ, KULA, LENTZ, MAHONEY, McGEEHAN, MENSCH, MILNE, MUNDY, MURPHY, PARKER, PASHINSKI, PAYTON, RAPP, SABATINA, SCAVELLO, SIPTROTH, K. SMITH, JOHNSON, BEYER, VULAKOVICH, BELFANTI, MELIO, YOUNGBLOOD, GIBBONS, JOSPEH AND FREEMAN, APRIL 7, 2009 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 5, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in juvenile matters, |
3 | further providing for right to counsel. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 6337 of Title 42 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 6337. Right to counsel. |
9 | Except as provided in section 6311 (relating to guardian ad |
10 | litem for child in court proceedings), a party is entitled to |
11 | representation by legal counsel at all stages of any proceedings |
12 | under this chapter and if he is without financial resources or |
13 | otherwise unable to employ counsel, to have the court provide |
14 | counsel for him. If a party, other than a child, appears without | <-- |
15 | counsel the court shall ascertain whether he knows of his right |
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1 | thereto and to be provided with counsel by the court if |
2 | applicable. If a party who is a child appears without counsel, | <-- |
3 | the court shall ascertain whether the child is without financial |
4 | resources or otherwise unable to employ counsel, in which case |
5 | the court shall appoint legal counsel to represent the child. |
6 | The court may continue the proceeding to enable a party to |
7 | obtain counsel. Counsel must be provided for a child. [unless | <-- |
8 | his parent, guardian, or custodian is present in court and |
9 | affirmatively waive it. However, the parent, guardian, or |
10 | custodian may not waive counsel for a child when their interest |
11 | may be in conflict with the interest or interests of the |
12 | child.], and counsel for the child cannot be waived at any stage | <-- |
13 | of the proceeding under this chapter. If the interests of two or |
14 | more parties may conflict, separate counsel shall be provided |
15 | for each of them. |
16 | Section 2. This act shall take effect in 60 days. |
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