Delaware 149th General Assembly (2017-2018) Status: Enacted 6 D cosponsors

HB 6 — AN ACT TO AMEND TITLES 10 AND 14 OF THE DELAWARE CODE RELATING TO A JUVENILE'S RIGHT TO COUNSEL IN FAMILY COURT AND THE JUSTICE OF THE PEACE COURT.

Last action — Signed by Governor

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 10, 2017. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    2 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act codifies a juvenile's right to counsel in Family Court delinquency proceedings. The bill outlines certain circumstances where a juvenile may not waive the right to counsel: where the juvenile is accused of a felony, where the juvenile is in the custody of the Division of Family Services, where the juvenile is under the age of 16, or where the victim of the alleged delinquent act is a family member or guardian or where the family member or guardian has an interest adverse to the juvenile. The bill also codifies a right to counsel in criminal contempt proceedings related to truancy in the Justice of the Peace Court. The procedures for appointment and waiver are the same as set forth for Family Court.

Bill Text

How this bill changes current law

8 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes a juvenile's right to counsel in both Family Court and Justice of the Peace Court, with specific conditions under which this right cannot be waived.

  • § 1007C

    A juvenile against whom delinquency proceedings have been initiated shall have the right to counsel at all stages.

    This addition establishes a clear right to counsel for juveniles in delinquency proceedings.

  • § 1007C

    If a juvenile is not represented by counsel at his or her initial Family Court appearance, the Court shall order the Chief Defender to assign counsel to represent the juvenile.

    This ensures that juveniles have representation at their initial court appearance if they do not have counsel.

  • § 1007C

    The juvenile's right to be represented by counsel under subsection (a) of this section shall not be waived: ...

    This listing specifies conditions under which a juvenile cannot waive their right to counsel.

  • § 1007C

    However, no such waiver shall be permitted unless the juvenile has been informed of the juvenile’s right to counsel, and the consequences of a waiver, through an in-person meeting with counsel.

    This change mandates proper informed consent before a waiver of counsel can occur.

  • § 2731

    A juvenile against whom criminal contempt proceedings pursuant to this section and §1271 of Title 11 have been initiated shall have the right to counsel at all stages.

    This provision ensures juveniles have a right to counsel in criminal contempt proceedings related to truancy.

  • § 2731

    If a juvenile is not represented by counsel at his or her initial Justice of the Peace Court appearance, the Court shall order the Chief Defender to assign counsel to represent the juvenile.

    Similar to Family Court, this ensures representation for juveniles at their initial appearance in the Justice of the Peace Court.

  • § 2731

    Prohibitions on the waiver of the right to counsel shall be as set forth in § 1007C of Title 10.

    This aligns the waiver prohibitions in both courts, creating consistency in juvenile representation rights.

  • § 2731

    Unless prohibited, the right to counsel may be waived in accordance with the Rules of the Justice of the Peace Court.

    This provides a framework for waiving the right to counsel, contingent on applicable court rules.

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Judicial & Community Affairs) in Senate with 3 On Its Merits

  4. Assigned to Judicial & Community Affairs Committee in Senate

  5. Passed By House. Votes: 40 YES 1 ABSENT

  6. Reported Out of Committee (Judiciary) in House with 2 Favorable, 7 On Its Merits

  7. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 11 co-sponsors · 49 not signed on

Sponsors (2)

Co-sponsors (11)

Not signed on (49)

49 members have not signed on to this bill.

Show all 49 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 5000
Republican 4000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Brian J. Bushweller — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Yea
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
F. Gary Simpson — Yea
Gregory F. Lavelle — Yea
Harris B. McDowell — Yea
Margaret Rose Henry — Yea
Robert Marshall — Yea
Bryan Townsend Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Nicole Poore Democratic Yea
Stephanie L. Hansen Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 25000
Democratic 6001
Republican 9000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Bryon H. Short — Yea
Charles Potter Jr. — Yea
David Bentz — Yea
Deborah Hudson — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
Harvey R. Kenton — Yea
Helene M. Keeley — Yea
James Johnson — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Joseph E. Miro — Yea
Melanie George Smith — Yea
Michael Mulrooney — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
William R. Outten — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Yea
Sean M. Lynn Democratic Not Voting
Stephanie T. Bolden Democratic Yea
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
David L. Wilson Republican Yea
Jeffrey N. Spiegelman Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 6 do?
This Act codifies a juvenile's right to counsel in Family Court delinquency proceedings. The bill outlines certain circumstances where a juvenile may not waive the right to counsel: where the juvenile is accused of a felony, where the juvenile is in the custody of the Division of Family Services, where the juvenile is under the age of 16, or where the victim of the alleged delinquent act is a family member or guardian or where the family member or guardian has an interest adverse to the juvenile. The bill also codifies a right to counsel in criminal contempt proceedings related to truancy in the Justice of the Peace Court. The procedures for appointment and waiver are the same as set forth for Family Court.
Who sponsors HB 6?
HB 6 is sponsored by Bryan Townsend (Democratic), Stephanie T. Bolden (Democratic), Debra Heffernan (Democratic), Sean M. Lynn (Democratic), Trey Paradee (Democratic), Kendra Johnson (Democratic), Charles Potter Jr., Valerie Longhurst, Helene M. Keeley, Gerald L. Brady, Paul S. Baumbach, Margaret Rose Henry, and David Bentz.
What is the current status of HB 6?
This bill has been enacted into law. Introduced May 10, 2017. Enacted.
Where can I track HB 6?
Track HB 6 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 6

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 6

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →