Senator Lisa Baker, sponsor of SB 815 and SB 817 testifies before the House Judiciary Committee, the committee unanimously passed both bills out of committee and onto the floor of the Pa House.

Text of SB 815 Amending Title 42 (Judiciary and Judicial Procedure) of the

2 Pennsylvania Consolidated Statutes, further providing for

3 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 herein and in section 6311 (relating to

10 guardian ad litem for child in court proceedings), a party is

11 entitled to representation by legal counsel at all stages of any

12 proceedings under this chapter and if he is without financial

13 resources or otherwise unable to employ counsel, to have the 14 court provide counsel for him. Although a child alleged to be

15 delinquent may appear with counsel at the intake conference

16 conducted by a juvenile probation officer following the

17 submission of a written allegation, counsel is not mandatory at

18 this proceeding. If a party other than a child appears at a

1 hearing without counsel the court shall ascertain whether he

2 knows of his right thereto and to be provided with counsel by

3 the court if applicable. The court may continue the proceeding

4 to enable a party to obtain counsel. Counsel must be provided

5 for a child [unless his parent, guardian, or custodian is

6 present in court and affirmatively waive it. However, the

7 parent, guardian, or custodian may not waive counsel for a child

8 when their interest may be in conflict with the interest or

9 interests of the child.] who appears at a hearing without

10 counsel, and counsel for the child cannot be waived. If the

11 interests of two or more parties may conflict, separate counsel

12 shall be provided for each of them.

13 Section 2. This act shall take effect in 60 days.

20110SB0815PN0833

- 2 -

Photo/Natalie Cake