2018 Civil Right to Counsel Bills

 

Listed below are all of the 2018 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.


Where 2017 bills are listed as "active", they are carryover bills into 2018.


 

 

Enacted bills

 

State Bill # Sponsor

Description

Status

CA (San Francisco) ballot initiative SF Right to Counsel Committee

Creates a right to counsel for tenants facing eviction, regardless of income.

 

Enacted by voters on 6/5/18. 
GA SB 131 Numerous cosponsors

Requires that waiver of right to appointed counsel for indigent parents is knowing/voluntary and on the record.


Signed by Governor on 5/8/18.

 

IA HB 2402 House of Delegates Judiciary Committee  

Permits court to appoint attorney ad litem for adult where their power of attorney agent is subject of criminal charge for elder abuse against that adult.


Signed by Governor on 4/4/18. 
KY HB 1 Numerous representatives   

Requires court to appoint counsel for de facto custodian in dependency proceeding, and specifies that court must appoint counsel for parent in adoption proceeding where "reasonably necessary in the interest of justice."


Signed by Governor on 4/14/18. 
 LA HB 898  Rep. Bacala

Requires appointment of counsel for student who is subject of petition for medical, psychological, and psychiatric evaluation due to student allegedly having made terroristic threat against school.

 

Signed by Governor on 6/2/18.
LA SB 306 Sen. Barrow  

Removes indigency requirement for right to counsel in involuntary outpatient treatment hearings.

 

Signed by Governor on 5/20/18. 
LA SB 366 Sen. Ward  

Requires court to hold hearing to decide whether to appoint counsel for child whenever court is considering whether to give visitation rights to any non-parent (existing law only requires hearing if considering grandparent visitation).

 

Signed by Governor on 5/20/18. 
MA SB 2371

Criminal Justice Reform Committee

Requires appointment of counsel prior to incarcerating a person for failure to pay fees/fines.

 

Signed by Governor on 4/13/18.

MD HB 1 / SB 2

Numerous cosponsors for both bills

Creates new termination of parental rights procedure where nonconsexual sexual conduct resulted in child, and requires appointment of counsel for these proceedings.

 

Signed by Governor on 2/13/18.

 

NY AB 7899 Numerous Assembly members

Permits court to appoint counsel for child during petition by standby guardian to assume custody.


Signed by Governor on 6/27/18.
OR HB 4009 Reps. Sanchez, Greenlick, Sollman, and Stark  

Requires court to appoint counsel for child when petition to reinstate parental rights is filed by either the child or the Department of Human Services.


Signed by Governor on 4/10/18. 
PA HB 631 Numerous cosponsors

Requires appointment of counsel for person petitioning to be relieved of sex offender registration requirements.


Signed by Governor on 2/21/18.
PA HB 1952 Numerous cosponsors 

Creates a process for sex offender registration, and provide right to counsel for such proceedings as well as petition to be removed from registry after 25 years.


Signed by Governor on 6/12/18. 
RI HB 7200  Rep. Abney

Permits court to appoint counsel for child requesting it where child has executed a voluntary agreement for extension of foster care.


Signed by Governor on 6/22/18. 
UT HB 167 Reps. Winder and Hillyard

Changes law so that state pays for appointed counsel when ward in guardianship is indigent, rather than it coming from ward's estate, and adds additional qualifiers for when judge need not appoint counsel for ward. 

 

Signed by Governor on 3/26/18.
UT SB 203  Sen. Weller

Changes appointment for indigent parents of counsel in private termination of parental rights cases from discretionary to mandatory. 

 

Signed by Governor on 3/20/18.
VT SB 237 Sens. Ingram, Balint, Lyons and Pollina  

Authorizes PD to handle cases in federal court involving a "matter arising out of or relating to immigration status", but would not require it (original bill would have mandated the appointment of counsel to anyone who “requires or would benefit from representation" in such matters).


Signed by Governor on 5/25/18.
WI AB 784  Numerous cosponsors

Creates a pilot project to provide a right to counsel for parents in dependency proceedings in 5 counties.

 
Signed by Governor on 4/5/18.

Pending bills

 

State Bill # Sponsor

Description

Status

federal HR 2043 / SB 2468 (Fair Day in Court for Kids Act)

Numerous cosponsors on both bills

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.

HB 2043 ntroduced and referred to Judiciary Committee on 4/6/17.  Referred to Immigration and Border Security Subcommittee on 5/1/17.

 

SB 2468 introduced and referred to Judiciary Committee on 2/28/18.

 

federal

 HB 6527 ("Funding Attorneys for Indigent Removal (FAIR) Proceedings Act")

 

Numerous cosponsors 

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

 

Introduced and referred to House Judiciary Committee on 7/25/18.

 

federal SB 3263 ("Humane Treatment of Migrant Children Act")

Sen. Durbin

Would guarantee appointment of counsel to children in immigration removal proceedings.

 

Introduced and referred to Judiciary Committee on 7/25/18.


federal

HB 6594 ("Reunite Every Unaccompanied Newborn Infant, Toddler and Other Children Expeditiously Act"


Numerous representatives 

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

Introduced and referred to House Judiciary Committee on 7/26/18. 
federal HR 2472S 910 (Disability Integration Act)

Numerous Representatives / Numerous Senators

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

HR 2472 introduced and referred to Committee on Energy and Commerce and Judiciary committee on 5/16/17.  Referred to Subcommittee on Health on 5/19/17.  Referred to Subcommittee on the Constitution and Civil Justice on 6/7/17.


S 910 introduced and referred to Committee on Health, Education, Labor, and Pensions on 4/7/17.


federal HB 1555 / HB 1795 /  / S 642

Numerous Representatives / Numerous Senators

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

 

HR 1555 introduced and referred to Judiciary, Energy & Commerce, Ways & Means, and Financial Services Committees on 3/15.  Referred to Subcommittee on Health on 3/17.  Referred to Subcommittee on Crime, Terrorism, Homeland Security, and Investigations on 3/31/17.


HR 1795 introduced and referred to Committees on Judiciary, Financial Services, and Energy and Commerce on 3/29/17.  Referred to Subcommittee on Health on 3/31/17.  Referred to Subcommittee on Crime, Terrorism, Homeland Security, and Investigations on 4/24/17.


S 642 introduced and referred to Committee on Judiciary on 3/15/17.


AL HB 129

Rep. Wingo

Would add more conditions for discretionary appointment of counsel for petitioners in dependency cases where petition is parent whose rights were previously terminated and who is seeking to obtain custody or visitation.

 

Introduced and referred to Judiciary Committee on 1/9/18.  Favorable from Judiciary with substitute on 3/21/18.

 

AL SB 166

Sen. Sanders

Would provide a right to counsel in cases relating to failure to pay court-imposed fees and fines.

 

Introduced and referred to Judiciary Committee on 1/11/18.

 

AZ HB 2028

Rep. Lawrence

Requires a community college or university to provide counsel for an indigent student subject to disciplinary proceeding due to allegation of a crime.

 

Prefiled on 12/14/17.  Assigned to House Rules and Ed Committees on 1/9/18.

CA AB 3212

Assembly member Irwin

Would require court to appoint counsel if refusing additional stay of case for servicemember still in active service.

 

Introduced on 2/16/18.  Referred to V.A. and Judiciary committees on 3/22/18.  V.A. Committee recommended passage on 4/11/18.  Judiciary Committee recommended passage and referred to Appropriations Committee on 4/17/18.  Committee recommended passage on 5/2/18.  Passed House on 5/10/18.  Referred to Senate Judiciary and VA Committees on 5/24/18.  VA Committee recommended passage on 6/13/18.  Judiciary Committee recommended passage on 6/27/18.

 

CA SB 1045

Sens. Weiner, Stern, Allen, Bradford, and Chen

Would create procedure in LA County and the City/County of San Francisco for conservatorship of person who is chronically homeless due to mental health and substance use disorder, and require appointment of counsel for such proceedings.

Introduced and referred to RLS Committee on 2/18/18.  Passed Judiciary Committee and referred to Public Safety Committee on 4/18/18.  Passed Public Safety Committee and referred to Appropriations Committee on 4/30/18.  Committee voted to pass as amended on 5/25/18.  Passed Senate on 5/30/18.  Referred to Health and Judiciary Commmittees on 6/14/18.  Health Committee recommended passage on 6/27/18.  Judiciary Committee recommended passage on 6/28/18.  Passed Appropriations Committee on 8/16/18.

 

CO SB 263

Sens. Humenik and Singer

Would require appointment of counsel when jail seeks to forcibly medicate an inmate.

Introduced and assigned to State, Veterans, & Military Affairs Committee on 4/20/18.  Amended version submitted to Committee of the Whole on 4/30/18.  Passed Senate on 5/3/18.  Sent to House Judiciary Committee on 5/7/18.  Committee postponed indefinitely on 5/8/18.

 

CT SB 514

House of Representatives Judiciary Committee

 

Would create new process for a preliminary public health order related to communicable disease, and would require appointment of counsel for such person.

 

Introduced and referred to Joint Judiciary Committee on 3/15/18.

 

D.C. B22-0012

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.  Public hearing on 6/1/17.

 

DE SB 60 Numerous senators and representatives

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

 

Introduced and assigned to Judicial & Community Affairs Committee on 4/5/17.
FL HB 549 / SB 1022 Rep Leek / Sen. Steube

Requires the court to appoint counsel for a child in a parentage proceeding in lieu of a GAL if the court determines the child is of sufficient age and understanding to participate in the proceedings, unless good cause shown that attorney not needed to protect child's best interests.


HB 549 introduced on 11/7/17.  Referred on 11/15/17 to the following committees: Civil Justice & Claims Subcommittee; Children, Families and Seniors Subcommittee; and Judiciary Committee.  Indefinitely postponed and withdrawn on 3/10/18.

 

SB 1022 introduced on 11/28/17.  Referred on 12/13/17 to the following committees: Judiciary Committee; Children, Families, and Elder Affairs Committee; and Rules Committee.  Received favorable report from Judiciary Committee on 1/10/18.  Indefinitely postponed and withdrawn on 3/10/18.

 

HI  HB 1859  Rep. Evans

Creates process for minor 16 or older to seek emancipation, and requires appointment of counsel for minor.

 

Introduced on 1/19/18.  Referred to HHS and Judiciary Committees on 1/22/18.  HHS committee recommended passage with amendments on 1/30/18.  Referred to Judiciary Committee on 2/13/18.  Committee recommended passage with amendments on 3/1/18.  Passed House on 3/6/18.  Referred to HMS and JDC committees on 3/8/18.  HMS Committee recommended passage on 3/12/18.

 

HI HB 1885 / SB 2273 Numerous cosponsors for both bills

Would require court to appoint counsel for child in tort proceeding related to child's injury while in foster care if appointment is in best interests of child.


HB 1885 introduced on 1/19/18.

 

SB 2273 introduced on 1/19/18.

 

HI SB 1061 / SB 2720  Sen. Shimabukuro

Would address timing of appointment of counsel for parents in child welfare proceedings.


SB 1061 introduced on 1/5/17.  Referred to JDL and WAM committees on 1/31/17. 

 

SB 2720 introduced and referred to JDL and WAM committees on 1/24/18.

 

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 Judiciary Committee on 2/28/18.
IA SSB 3187 Senate Judiciary Committee

Creates process for guardianship of minors that is separate from guardianship of adults, and requires appointment of counsel for indigent parent if parent objects to guardianship and requests counsel.  Court can also appoint counsel for child.


Introduced and referred to Judiciary Committee on 2/13/18.

IL HB 468 Rep. Riley 

Would abolish civil forfeiture and provide a right to counsel for criminal forfeiture proceedings.

 

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

 

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.  Judiciary Committee recommended passage on 3/21/17.

 

SB 1578 introduced on 2/9/17.  Assigned to Judiciary Committee on 2/28/17.  Judiciary recommended passage on 4/8/17.

 
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 on 2/7/17.  Referred to Judiciary Committee on 2/16/17.  Judiciary Committee recommended passage on 3/23/17.  Committee of the Whole recommended passage on 3/27/17.  Passed House on 3/28/17.  Referred to Senate Judiciary Committee on 3/29/17.  Died in Committee.

 

 

KS HB 2481 / SB 284 House of Delegates Judiciary Committee / Senate Financial Institutions and Insurance Committee

Would require appointment of counsel for father in stepparent adoption proceedings where father is unknown or whereabouts are unknown (current law makes appointment discretionary).


HB 2481 introduced and referred to Judiciary Committee on 1/17/18.  Committee recommended passage on 2/19/18.  Passed House and sent to Senate on 2/22/18.  Referred to Senate Judiciary Committee on 2/28/18.  Committee recommended passage on 3/22/18.  Amended version passed by Senate on 3/28/18.  House non-concurred in amendments and conference committee requested on 3/29/18.

 

SB 284 sent to Governor on 5/4/18.

 

KY SB 256 Sen. Westerfield

Would require appointment of counsel for indigent birth parents in adoption proceedings, with counsel paid for by adoptive parents in non-kinship adoptions.  This would implement Court of Appeals ruling in S.S. v. Commonwealth (2017).

 

Introduced on 3/1/18.  Referred to Judiciary Committee on 3/5/18.

LA HB 182 Rep. Johnson

Would require court to appoint counsel for parents of Indian child when such parents seek to voluntarily transfer custody to Department, agency, or private individuals, notwithstanding if the state is involved.

 

Prefiled and provisionally referred to Committee on Health and Welfare on 2/27/18.

 

MA HB 968 / HB 3589SB 831 (S2313) Numerous 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.  Hearing on 9/26/17.  Accompanied study order H4874 on 8/9/18.

 

HB 3589 introduced and referred to Joint Committee on Judiciary on 1/23/17.  Hearing on 9/26/17.  Accompanied study order H4874 on 8/9/18.

 

SB 831 introduced and referred to Joint Committee on Judiciary on 1/23/17.  Hearing on 9/26/17.  Sent for study on 3/1/18.


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 5/15/17.  Accompanied study order H4701.

 

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.  Hearing on 11/28/17.  Accompanied study order H4874 on 8/9/18.

 

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.  Accompanied study order H4874 on 8/9/18.

 

 

MA HB 2346 Rep. Scaccia

Requires the appointment of counsel for the subject of a guardianship, conservatorship, or other protective order proceeding (current law requires a request).

 

Introduced and referred to Joint Committee on Judiciary on 1/23/17.  Public hearing on 5/8/17.  Accompanied study order H4874 on 8/9/18.


MA HB 2409 Rep. Scaccia

Requires 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 on 7/11/17.  Attached to study order (see H4767).

 

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.  Hearing on 11/16/17.

 

 

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.  Public hearing on 6/5/17.  Accompanied study order H4874 on 8/9/18.


MA HB 2311SB 786 (S2313) 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.  Hearing set for 7/18/17.  Accompanied study order H4874 on 8/9/18.


SB 786 introduced and referred to Joint Committee on Judiciary on 1/23/17.  Hearing set for 7/18/17.  Sent for study on 3/1/18.

 

MA HB 4470 Joint Committee on Mental Health, Substance Use and Recovery

Would create process for involuntary assessment and treatment related to substance abuse, and would require appointment of counsel for such proceedings.

 

Introduced and reported from Committee on Mental Health, Substance Abuse, and Recovery, and referred to Joint Committee on Health Care Financing, on 5/7/18.  Committee recommended passage on  6/7/18.  Referred to House Ways and Means Committee on 6/18/18.  Committee recommended passage on 7/10/18.

 

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 on 7/11/17.  Reported favorably by Committee and sent to Joint Committee on Health Care Financing on 2/5/18.  Sent for study on 5/30/18.

 

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.


MD HB 942 Dels. Rosenberg and Dumais

Would provide a right to counsel for any body attachment stemming from a debt incurred in the landlord-tenant context.

 

Introduced and referred to Environment and Transportation and Judiciary Committees on 2/5/18.

 

MD HB 1304 Dels. Atterbeary and Dumais

Creates process for minor 16 or older to seek emancipation, and requires appointment of counsel for minor.

 

Introduced and referred to Judiciary Committee on 2/9/18.  Received unfavorable report from committee and withdrawn on 3/15/18.

 

MD HB 1335 Numerous Delegates

Would require parental consent for minor to obtain abortion, and would require appointment of counsel for proceedings to bypass consent.

 

Introduced and referred to Health and Government Operations Committee on 2/9/18.

 

ME HB 123 Joint Standing Committee on Judiciary

Would change requirement of appointment of counsel in adult guardianship proceedings from when person expresses desire to contest proceeding to when person requests counsel.

 

Introduced on 1/17/18.  Sent to House and Senate Judiciary Committees on 1/19/17.  Amended version passed House on 4/13/18.  Amended version passed Senate on 4/17/18.  House passed on 4/17/18.  Senate passed on 4/18/18.

 

MN HB 988 Numerous cosponsors

Would create 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. 
MN

HB 3973 / SB 3779

Reps. Moran and Slocum

Would, among other things, require appointment of counsel for African-American parents or children petitioning to re-establish the parent-child relationship.


HB 3973 introduced and referred to Health and Human Services Reform Committee on 3/19/18.

 

SB 3779 introduced and referred to Human Services Reform Finance and Policy committee on 3/22/18.

 

MN

HB 2856HB 3984

Rep. Johnson / Rep. Kresha

Would modify timing of when agency must notify child of right to appointed counsel in child welfare cases.


HB 2856 introduced and referred to Public Safety and Security Policy and Finance Committee on 2/20/18.  Committee voted to adopt as amended and re-refer to Ways and Means Committee on 4/19/18.  Committee recommended adoption as amended on 4/25/18.  Passed House as amended on 5/1/18.  Referred to Senate Finance Committee on 5/2/18.

 

HB 3984 introduced and referred to Public Safety and Security Policy and Finance committees on 3/19/18.

 

MO

HB 2627

Rep. Burnett

Would strengthen waiver provisions related to child's right to counsel.


Introduced on 2/28/18.  Referred to Children and Families Committee on 3/7/18.

 

NE LB 158  Sen. Brooks

Would clarify a child's right to counsel in juvenile proceedings on matters related to size of county, waiver, and length of appointment.


Introduced on 1/9/17.  Indefinitely postponed on 4/18/18.
NJ

AJR 115

Rep. Murphy

Would establish the "New Jersey Domestic Violence and Legal Access Task Force", which will examine impact of lack of access to counsel in DV cases on the state.


Introduced and referred to Assembly Judiciary Committee on 4/12/18.

NJ

AB 1193

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's Committee on 1/9/18.

NJ AB 2086 / SB 804 Reps. Lagana, Huttle, Green, Benson, and Munoz / Sens. Codey and Addiego

Would create process for involuntary commitment for substance abuse and require appointed counsel for respondent.


AB 2086 introduced and referred to Human Services Committee on 1/9/18.

 

SB 804 ntroduced and referred to Referred to Senate Health, Human Services and Senior Citizens Committee on 1/9/18.

 

NJ AB 3300 Rep. Huttle

Would create process for temporary involuntary treatment for substance abuse and require appointed counsel for respondent.


Introduced and referred to Judiciary Committee on 2/12/18.
NJ AB 3986 Rep. Dancer

Creates process for involuntary committment of children, and requires appointment of counsel for such children.

 

Introduced and referred to Human Services Committee on 5/17/18.

 

NJ SB 1645 Rep. Diegnan

Creates new process for civil commitment of a child and requires appointment of counsel if the child is indigent.


Introduced and referred to Senate Health, Human Services and Senior Citizens Committees on 2/5/18.

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.  Re-referred to Judiciary Committee on 1/3/18.

 

NY AB 3135 Numerous cosponsors

Would provide right to counsel for any individual with disability receiving services through office of mental health or office for people with developmental disabilities when interviewed as part of investigation conducted by justice center for protection of people with special needs.


Introduced and referred to Mental Health Committee on 1/26/17.  Referred to Ways and Means on 1/3/18.  Reported on 5/15/18.  Passed Assembly and referred to Senate Mental Health and Developmental Disabilities Committee on 5/22/18.

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 consideration 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.  Re-referred to Health Committee on 1/3/18.  Held for consideration on 5/1/18.

NY

AB 5637 Numerous Assembly sponsors 

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.   Re-referred to Health Committee on 1/3/18.
NY AB 5840 / AB 8171 / SB 5842 Assemblymembers Lavine and Buchwald / Assemblymembers Lavine and Weinstein / 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.  Re-referred to Judiciary Committee on 1/3/18.

 

AB 8171 introduced and referred to Judiciary Committee on 6/1/17.  Re-referred to Judiciary Committee on 1/3/18.

 

SB 5842 introduced and referred to Judiciary Committee on 5/2/17.  Reported out of committee on 6/6/17.  Passed Senate on 6/21/17.  Referred to Assembly Judiciary Committee on 6/22/17.  Died in Assembly and returned to Senate Judiciary Committee on 1/3/18.

 

NY AB 5892 Numerous Assembly members

Authorizes court to appoint counsel on behalf of senior citizen tenant who fails to appear in eviction proceeding.  Also forbids court from entering default against tenant who is senior citizen without appointing counsel to protect tenant's interest.


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

 

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.  Held for consideration on 6/6/17.  Re-referred to Correction Committee on 1/3/18.

 

NY AB 6959 / SB 17 Numerous Assembly members / 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.


AB 6959 introduced and referred to Judiciary Committee on 3/28/17.  Re-referred to Judiciary Committee on 1/3/18.

 

SB 17 introduced and referred to Judiciary Committee on 1/4/17.  Amended and recommitted to Judiciary Committee on 4/17/17.  Re-referred to Judiciary Committee on 1/3/18.

 

NY AB 8909 / SB 6419 Numerous cosponsors on both bills

Provides right to counsel when proceeding involves right to own firearms.


AB 8909 introduced and referred to Judiciary Committee on 1/8/18.

 

SB 6419 introduced and referred to Codes Committee on 5/17/17.

 

NY AB 5856 / SB 2839  Assembly members Walker, Cook, D'Urso, and Simon / Sens. Parker, Bailey, and Hoylman 

Would provide a right to counsel in a number of different civil areas. 

 

AB 5856 introduced and referred to Judiciary Committee on 2/16/17.

 

SB 2839 introduced and referred to Local Goverment Committee on 1/17/17.

 

NY AB 3049 / SB 4075 Numerous Senators

Would provide a right to counsel to those subjected to immigration removal proceedings if they reside in NY or in adjoining state and were/resided in NY when detained, questioned, or charged.

AB 3049introduced on 1/25/17.  Passed Assembly and referred to Senate Finance Committee on 2/6/17.

 

SB 4075 introduced and and referred to Finance Committee on 2/2/17.  Amended and recommitted to Finance Committee on 2/6/17.

 

NY AB 10478 Assemblymember Giglio

Creates proedure for involuntary admission for substance abuse, and requires appointment of counsel for such proceedings.


Introduced and referred to Alcoholism and Drug Abuse Committee on 4/27/18.

 

 NY SB 8736 Numerous cosponsors

Would create victims compensation fund for child abuse victims and provide a right to appointed counsel for indigent claimants.

 

Introduced and referred to Finance Committee on 5/10/18.  Reported and committed to Rules Committee on 6/5/18.

 

NYC Intro 1085

Council members Treyger, Cumbo, Richards, Ampry-Samuel


Would create a right to counsel for DV victims in divorce cases.

Introduced on 8/8/18.

OH HB 511 Reps. Lanese and Rogers

Creates process for juvenile court to approve marriage involving emancipated minors, and permits court to appoint counsel for such minors.


Introduced on 2/14/18.  Referred to Community and Family Advancement Committee on 2/20/18.  Committee reported substitute bill on 5/22/18.  Passed House on 6/27/18.  Introduced in Senate on 7/5/18.

 

OK SB 93 Sen. Smalley, Rep. Biggs

Would require appointment of counsel or 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.
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.  Laid on table on 5/24/17.  Removed from table on 6/19/17.  Re-committed to Appropriations Committee on 6/20/17.  Re-reported and passed House on 6/21/17.  Referred to Senate Health and Human Services Committee on 6/22/17.  Reported as amended on 3/20/18.  Laid on the table on 5/21/18.


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


PA HB 2058 Numerous cosponsors

Would broaden circumstances where it is appropriate to appoint counsel for child in custody cases to include DV allegations that impact child (and not just allegations of abuse of child).


Referred to Judiciary Committee on 2/5/18.
PA HB 2227 Numerous cosponsors

Would require appointment of counsel for "extreme risk protection order" proceedings related to possession of firearms.

 

Introduced and referred to Judiciary Committee on 4/16/18.  Reported as amended on 6/19/18.


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.


PA SB 743 Sens. Greenleaf, Rafferty, Schwank, and Mensch

Would repeal the Mental Health Procedures Act and replace it with new provisions.  Right to counsel provisions of former Act are rewritten in new version with substantially same coverage.


Introduced and referred to Health and Human Services Committee on 6/5/17.


PA

SB 884 Sens. Greenleaf, Eichelberger, and Browne

Would require appointment of counsel in guardianship proceedings not just in "appropriate cases" (current law) but also in any case where the court knows in advance that potential ward will not be present either in person or by videoconference.


Introduced and referred to Judiciary Committee on 9/11/17.  Reported as committed on 3/27/18.  Referred to Appropriations Committee on 4/20/18.


PA

SB 899 Numerous cosponsors

Would establish new adult protective proceedings and require appointment of counsel prior to the imposition of services.


Introduced and referred to Aging and Youth Commitee on 9/26/17.  Reported as amended on 6/21/18.  Re-referred to Appropriations Committee on 6/22/18.


RI

HB 7226 / SB 2303 Numerous cosponsors for both bills

Would enact the Uniform Parentage Act, which would permit the court to appoint counsel for a child in such proceedings.

 

HB 7226 introduced and referred to House Judiciary Committee on 1/18/18.  Committee recommended holding for further study on 3/27/18.

 

SB 2303 introduced and referred to Judiciary Committee on 2/1/18.   Committee recommended holding for further study on 2/27/18.

 

RI

HB 7724 / HB 7725 Numerous representatives on all bills

Would create process for involuntary committment for substance abuse, and require appointment of counsel for such proceedings.

 

HB 7724 introduced and referred to Judiciary Committee on 2/28/18.  Committee recommended holding for further study on 4/25/18.  Committee recommended passage of substitute on 6/18/18.

 

HB 7725 introduced and referred to Judiciary Committee on 2/28/18.  Committee recommended holding for further study on 4/25/18.  House passed floor amendment on 6/20/18.  House passed Sub A as amended on 6/22/18.

 

VA

HB 934 / HB 1133 / SB 296 Del. Hope / Del. Rasoul / Sen. Edwards

Would require appointment of counsel prior to court authorizing medical/mental health treatment of inmate who allegedly lacks ability to consent to such treatment.

 

HB 934 introduced and referred to Committee for Courts of Justice on 1/9/18.  Subcommtitee recommended approval with amendments on 1/24/18.  Passed House as amended on 2/2/18.  Referred to Senate Committee for Courts of Justice on 2/5/18.  Rereferred to Rehabilitation and Social Services on 2/12/18.  Reported out of Rehabilitation and Social Services Committee and sent to Finance Committee on 2/16/18.  Substitute version reported out of Finance Committee on 2/28/18.  Passed Senate with substitute on 3/5/18.  Senate substitute rejected by House on 3/6/18.  Senate requested conference committee on 3/7/18.  House acceded to request on 3/8/18.  Failed to pass in House on 3/10/18.

 

HB 1133 introduced and referred to Committee for Courts of Justice on 1/10/18.  Subcommittee recommended laying on table on 1/24/18.  Left in Courts of Justice on 2/15/18.

 

SB 296 introduced and referred to Committee on Rehabilitation and Social Services on 1/8/18.  Stricken at request of Patron of Committee on 1/19/18.

 

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 appoints counsel for "any indigent client not already represented."

 

Introduced and referred to Committee on Human Services on 2/14/17.
VT HB 880 Numerous cosponsors

Would amend law so that no only intellectually disabled individuals themselves could seek sterilization (i.e., would eliminate involuntary sterilization), and clarifies that individual is still entitled to appointed counsel as petitioner.

 

Introduced on 2/2/18.

 

WA HB 1003 / SB 5320 Numerous cosponsors

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

 

HB 1003 prefiled on 12/5/16.  Referred to Health Care & Wellness Committee on 1/9/17.  Reintroduced on 1/8/18.

 

SB 5320 introduced and referred to Law & Justice Committee on 1/20/17.  Committee recommended passage on 2/8/17.  Held at Senate Desk on 2/9/17.   Senate ruled "X" file on 3/17/17.

  Reintroduced in current form on 1/8/18.

 

WA HB 1251 / SB 5363 Numerous Representatives / Numerous Senators

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

 

HB 1251 introduced and referred to Judiciary Committee on 1/16/17.  Substitute bill passed committee on 2/9/17.  Referred to Appropriations Committee on 2/13/17.  No action taken on 2/24/17.  Reintroduced on 1/8/18.

 

SB 5363 introduced and referred to Human Services, Mental Health & Housing Committee on 1/20/17.  Reintroduced and referred to Human Services and Corrections on 1/8/18.

 

WV HB 2808 Delegates Summers, Atkinson, Ellington, Rohrbach, and Shott

Would create process for involuntary outpatient treatment and require appointment of counsel for proceedings to establish such treatment.

 

Introduced and sent to Health & Human Resources and Judiciary Committees on 3/7/17.  Health & Human Resources recommended passage with amendments on 3/10/17.  Judiciary Committee recommended substitute bill on 3/20/17.  Passed House on 3/23/17.  Referred to Senate Health & Human Resources and Judiciary Committees on 3/24/17.

 

Dead bills

 

State Bill # Sponsor Description

Status

FL Constitutional amendment proposal Commissioner Keiser

Would create a right to counsel for all children in dependency proceedings.

 

Was not approved by Constitutional Convention Committee.

 

MS HB 1084 Reps. Arnold and Scoggin

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

 

Passed House but died in Senate Judiciary A Committee.
MS HB 1292 Rep. Wooten

Would have provided a right to counsel in cases related to incarceration for failure to pay court-imposed fees and fines.


Died in Judiciary B Committee.