SB 305 - Under this act, when a petition has been filed in a juvenile court under certain provisions of law and a child has waived his or her right to counsel, such waiver shall be made in open court and be recorded and in writing. The waiver shall be made knowingly, intelligently, and voluntarily, which shall be determined by the totality of the circumstances, including the child's age, background, experience, emotional stability, and the complexity of the proceedings. Such waiver shall only apply to that proceeding and in any subsequent proceedings, the child shall be informed of his or her right to counsel.

A child's right to counsel shall not be waived in the following proceedings: (1) at a detention hearing, (2) at a certification or dismissal hearing, (3) at an adjudication hearing for any misdemeanor or felony offense, (4) at a dispositional hearing, or (5) at a hearing on a motion to modify or revoke supervision under certain provisions of law.

This act is identical to HB 1 (1st Extraordinary Session 2020), SB 17 (1st Extraordinary Session 2020), SB 1070 (2020), and HB 1422 (2020) and substantially similar to SB 395 (2019) and HB 42 (2019).

SARAH HASKINS

Statutes affected:
Introduced (1434S.01): 211.211

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Senate Committee Minutes:
SENATE COMMITTEE MINUTES Bill No.: SB 305
Sponsor: Roberts
Hearing Date: 2/24/2021


COMMITTEE: Seniors, Families, Veterans & Military Affairs

CHAIRMAN: White

DATE REFERRED: 2/4/2021 DATE HEARING REQUESTED: 2/22/2021



STAFF:
Sarah Haskins
Mike Kelley
Heidi Kolkmeyer
Katie O'Brien
Gina Richardson


WITNESSES GIVING INFORMATION:



WITNESSES FOR:
Christine Woody - Empower Missouri
Cheryl Adelstein - Jewish Community Relations Council
Arnie C. AC "Honest-Abe" DIENOFF - State Public Advocate-This needed!
Monica Del Villar - American Civil Liberties Union of Missouri
Craig Stevenson - Kids Win Missouri
Brian Bernskoetter - Missouri Association of criminal defense lawyers
Mary Fox - Missouri State Public Defender


WITNESSES AGAINST: