Current Status Bill Number:3504 Ratification Number:149 Act Number:96 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950207 Primary Sponsor:Delleney All Sponsors:Delleney, Felder, Mason, Martin, Harrison, Elliott, Seithel, Hodges, Witherspoon, Jaskwhich, Limbaugh, Cain, Vaughn, Herdklotz, Fair, Rice, McCraw, Huff, Quinn, Haskins, Wilkins, Sheheen, Phillips, Wells and Davenport Drafted Document Number:BR1\18123AC.95 Date Bill Passed both Bodies:19950516 Governor's Action:S Date of Governor's Action:19950612 Subject:Indigency for child counsel
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19950612 Act No. A96 ------ 19950612 Signed by Governor ------ 19950606 Ratified R149 Senate 19950516 Read third time, enrolled for ratification Senate 19950511 Read second time Senate 19950510 Committee report: Favorable 11 SJ Senate 19950419 Introduced, read first time, 11 SJ referred to Committee House 19950418 Read third time, sent to Senate House 19950412 Read second time House 19950405 Committee report: Favorable 25 HJ House 19950207 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
(A96, R149, H3504)
AN ACT 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:
Parents to pay for counsel appointed for child
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."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1995.