Assembly Bill No. 308–Assemblymen Tiffany, Cegavske, Arberry, Beers, Berman, Brower, Brown, Buckley, Carpenter, Chowning, Claborn, Collins, Freeman, Gibbons, Hettrick, Koivisto, Lee, Leslie, Manendo, Marvel, Mortenson, Neighbors, Parks, Parnell, Smith and Von Tobel

 

Joint Sponsor: Senator Wiener

 

CHAPTER..........

 

AN ACT relating to juveniles; revising the provisions concerning the waiver by juveniles of their right to counsel; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1.  NRS 62.085 is hereby amended to read as follows:

   62.085  1.  If a child is alleged to be delinquent or in need of

 supervision, the child and his parents, guardian or custodian must be

 advised by the court or its representative that the child is entitled to be

 represented by an attorney at all stages of the proceedings . [, unless

 waived.] If indigent, the parent, guardian or custodian of the child may

 request the appointment of an attorney to represent the child pursuant to

 the provisions in NRS 171.188. If not indigent and:

   (a) An attorney is not retained for the child; or

   (b) It does not appear that an attorney will be retained,

an attorney must be appointed for the child . [, unless waived.]

   2.  Except as otherwise provided in NRS 424.085, if an attorney is

 appointed to represent a child:

   (a) The parents of that child shall pay the reasonable fees and expenses

 of the attorney unless they are indigent; or

   (b) If the parents of the child are indigent, the court may require the

 parent or guardian of the child to reimburse the county or state in

 accordance with his ability to pay.

   3.  The parent, guardian or custodian may be represented by an attorney

 at all stages of the proceedings. In no case may an attorney be appointed

 for him unless the court makes written findings that such an appointment

 is required in the interest of justice and specifying the reasons thereof.

   4.  Each attorney, other than a public defender, appointed under the

 provisions of this section is entitled to the same compensation and

 expenses from the county as provided in NRS 7.125 and 7.135 for

 attorneys appointed to represent persons charged with crimes.

   5.  Notwithstanding the provisions of this section, if a child is alleged

 to be delinquent or in need of supervision and if:

   (a) A petition is not filed and the child is placed under informal

 supervision pursuant to NRS 62.129, the child may waive the right to be

 represented by an attorney.

   (b) A petition is filed, the child may waive the right to be represented

 by an attorney if the record of the court shows that the waiver of the

 right to be represented by an attorney is made knowingly, intelligently,

 voluntarily and in accordance with any applicable standards established

 by the court.

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