Current Status Bill Number:577 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950228 Primary Sponsor:Hayes All Sponsors:Hayes Drafted Document Number:BR1\18195AC.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Indigency
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950228 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-112. Notwithstanding Title 17, Chapter 3, Defense of Indigents, in determining indigence for the purpose of appointing legal counsel for a child in a delinquency proceeding, the court shall determine the financial ability of the child's parents to retain counsel for the child. If the court determines that the parents are able to retain counsel for the child but the parents refuse to retain counsel and the court appoints counsel, the parents shall reimburse the Indigent Defense Fund in an amount to be determined by the court."
SECTION 2. This act takes effect upon approval by the Governor.