2019 Civil Right to Counsel Bills

 

Listed below are all of the 2019 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 any bills from a prior year are listed as "active", they are carryover bills.


 

 

Enacted bills

 

State Bill #

Description

Status

CO HB 1177 

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

 
 
Signed by Governor on 4/12/19.
GA HB 228  

Requires court to appoint counsel for minor seeking emancipaiton.


Signed by Governor on 5/6/19. 
IA HB 591

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

 
Signed by Governor on 5/1/19.
ND SB 2073

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

 

Signed by Governor on 4/12/19.

 

Active bills

 

State Bill #

Description

Status

federal HR 555 ("Disability Integration Act")

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.

 

federal

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")


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.

 

federal

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.

 

Sent to Judiciary Committee on 2/6/19.
federal

HB 3918 / SB 2113 ("Stop Cruelty to Migrant Children Act")

 

Requires appointment of counsel for unaccompanied minors in immigration removal proceedings.

 

Sent to Judiciary Committee on 7/15/19.

federal SB 3524 ("Northern Triangle and Border Stabilization Act")

 

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 on 6/27/19.
federal HR 6HR 2820 ("American Dream and Promise Act of 2019" / "Dream Act of 2019")

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.

federal HB 4155 / S.2389 ("Funding Attorneys for Immigrant Removal Proceedings Act")

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

 

HB 4155 sent to Judiciary Committee on 8/2/19.

 

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

federal HB 2835 ("Due Process Act")

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, on 5/17/19.

 

AL HB 231

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

 

Reported favorably with amendment from Judiciary Committee on 4/11/19.
AR  HB 1488 

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

 

Passed House on 2/21/19.  Referred to Senate Judiciary Committee on 3/14/19.
CT SB 652

Would require appointment of counsel for tenants in eviction cases.

 

Referred to Judiciary Committee on 1/25/19.
CT HB 7189

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

 

Joint Judiciary Committee had public hearing on 3/6/19.
CT SB 654

Would require appointment of counsel for children in immigration proceedings.

 

Referred to Joint Judiciary Committee on 1/25/19.
CT SB 695

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


Referred to Joint Judiciary Committee on 1/28/19.
CT SB 991

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


Joint Judiciary Committee recommended substitute bill on 3/20/19.  Received favorable report from Legislative Commissioners' Office on 4/8/19.

 

HI HB 905 / SB 214

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


HB 905 introduced to HSH, JUD, and FIN Committees.

 

SB 214 passed HMS Committee with amendments and is pending in Judiciary Committee.

 

IL SB 38 / SB 1588

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

 

SB 38 introduced on 1/10/19. 

 

SB 1588 passed Senate on 4/10/19 and referred to Rules Committee on 5/10/19.

 

 MA HB 1537 / HB 3456 / SB 913  Would create a right to counsel for low-income tenants in eviction cases.

HB 1537 referred to Joint Judiciary Committee on 1/22/19.

 

HB 3456 referred to Joint Judiciary Committee on 1/22/19.

 

SB 913 referred to Joint Judiciary Committee on 1/22/19.

 

MA HB 1396

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

 

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


MA HB 1452

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

 

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


MA HB 1553

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

 

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


MA HB 3332 / HB 3347SB 834 / SB 860  

HB 3332 referred to Joint Judiciary Committee on 1/22/19.


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


SB 834 referred to Joint Judiciary Committee on 1/22/19.

SB 860 referred to Joint Judiciary Committee on 1/22/19.


MA SB 941

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.


MA SB 942

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

 

Referred to Joint Committee on Mental Health, Substance Use and Recovery on 3/20/19.


ME HB 531

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

 

Referred to Judiciary Committee on 1/31/19.


ME SB 612

Would permit court to appoint attorney for person required to surrender weapons after being determined to be dangerous person.

 

Referred to Judiciary Committee on 5/30/19.

ME SB 1312

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

 

Referred to Judiciary Committee but tabled on 6/14/19.

 ME LD 1811

Requires appointment of counsel in hearing to determine whether person is too dangerous to own firearm.

 

Passed House and Senate.

 


 

 

Dead bills

State Bill #

Description

Status

CO  HB 1251 

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

 

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

 

FL SB 818 Would remove right to counsel for involuntary outpatient treatment.

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


FL HB 823 / SB 646 Permits court to appoint counsel for any foster child.

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.

 

FL SB 1774  

Would require 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.

 

 
 GA HB 178

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

 

 Died in committee.
 KY  SB 205

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

Passed Senate but died in House.