ROBERT L. EHRLICH, JR., Governor                             Ch. 442

Approved May 26, 2004.

CHAPTER 442
(Senate Bill 163)

AN ACT concerning

Juvenile Law - Waiver of Counsel

FOR the purpose of prohibiting a child from waiving the right to the assistance of
counsel in certain proceedings except under certain circumstances; prohibiting a
parent, guardian, or custodian of a child from waiving the child's right to the
assistance of counsel; prohibiting the juvenile court from accepting a waiver of
the child's right to the assistance of counsel except under certain circumstances;
requiring the court to consider certain factors in determining whether a waiver
is knowing and voluntary; requiring the court to continue and the clerk to
reschedule a waiver or adjudicatory hearing under certain circumstances;
requiring the clerk to issue a certain notice within a certain time period;
requiring the Office of the Public Defender to enter an appearance for the child
under certain circumstances; requiring the Office of the Public Defender, after
entry of its appearance, to verify eligibility for continued Public Defender
representation in a certain manner; establishing that the continuance of a waiver
or adjudicatory hearing may not be a basis for detaining the child; and generally
relating to the right to the assistance of counsel in juvenile proceedings.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 3-8A-20
Annotated Code of Maryland
(2002 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

3-8A-20.

(a)     Except as provided in subsection [(c)] (D) of this section, a party is entitled
to the assistance of counsel at every stage of any proceeding under this subtitle.

(b)     (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, A
CHILD MAY NOT WAIVE THE RIGHT TO THE ASSISTANCE OF COUNSEL IN A
PROCEEDING UNDER THIS SUBTITLE.

(2)     A PARENT, GUARDIAN, OR CUSTODIAN OF A CHILD MAY NOT WAIVE
THE CHILD'S RIGHT TO THE ASSISTANCE OF COUNSEL.

(3)     AFTER A PETITION OR CITATION HAS BEEN FILED WITH THE COURT

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