Bill Text: DE HB382 | 2015-2016 | 148th General Assembly | Draft

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Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Office Of Defense Services.

Spectrum: Slight Partisan Bill (Democrat 17-8)

Status: (Passed) 2016-06-28 - Signed by Governor [HB382 Detail]

Download: Delaware-2015-HB382-Draft.html

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SPONSOR:	Rep. Schwartzkopf & Rep. Longhurst & Sen. Blevins
	Reps. Baumbach, Briggs King, Gray, Jaques, Kowalko, Lynn, Miro, Mitchell, Mulrooney, Potter, B. Short, Spiegelman, Viola, K. Williams, Wilson; Sens. Bushweller, Hocker, Lopez, Poore, Townsend

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 382

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF DEFENSE SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend §4602, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§4602 Appointment; representation of defendants.

(a) The Office of Defense Services shall be headed by the Chief Defender. The Chief Defender shall be a qualified attorney licensed to practice in this State selected by the Governor. The Office of Defense Services shall represent, without charge, each indigent person who is under arrest or charged with a crime, if:

(1) The defendant requests it; or

(2)  The court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject of record the opportunity to be so represented.

(b) Before arraignment the determination of indigency may be made by the Office of Defense Services. At or after arraignment the determination shall be made by the court.

(c) Any person under the age of 18 arrested or charged with a crime or act of delinquency shall be automatically eligible for representation by the Office of Defense Services.

SYNOPSIS

This Act guarantees that all children facing criminal charges and allegations of delinquency have the right to an attorney, codifying the Office of Defense Services' current practice of representing every juvenile that requests representation.