South Carolina General Assembly
111th Session, 1995-1996

Bill 3504

                    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
History



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 Committee
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.