1.1    .................... moves to amend H. F. No. 1948 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 260C.163, subdivision 3, is amended to
1.4read:
1.5    Subd. 3. Appointment of counsel. (a) The child, parent, guardian or custodian has
1.6the right to effective assistance of counsel in connection with a proceeding in juvenile
1.7court.
1.8    (b) Except in proceedings where the sole basis for the petition is habitual truancy, if
1.9the child, parent, guardian, or custodian desires counsel but is unable to employ it, the
1.10court shall appoint counsel to represent the child who is ten years of age or older or the
1.11parents or guardian in any case in which it feels that such an appointment is appropriate.
1.12    (c) In any proceeding where the sole basis for the petition is habitual truancy, the
1.13child, parent, guardian, and custodian do not have the right to appointment of a public
1.14defender or other counsel at public expense. However, before any out-of-home placement,
1.15including foster care or inpatient treatment, can be ordered, the court must appoint a
1.16public defender or other counsel at public expense in accordance with paragraph (b) in
1.17accordance with section 611.14, paragraph (a), clause (4).
1.18    (d) Counsel for the child shall not also act as the child's guardian ad litem.
1.19    (e) In any proceeding where the subject of a petition for a child in need of
1.20protection or services is not represented by an attorney, the court shall determine the
1.21child's preferences regarding the proceedings, if the child is of suitable age to express
1.22a preference.
1.23EFFECTIVE DATE.This section is effective July 1, 2007.

1.24    Sec. 2. Minnesota Statutes 2006, section 260C.331, subdivision 3, is amended to read:
2.1    Subd. 3. Court expenses. (1) The following expenses are a charge upon the county
2.2in which proceedings are held upon certification of the judge of juvenile court or upon
2.3such other authorization provided by law:
2.4    (a) The fees and mileage of witnesses, and the expenses and mileage of officers
2.5serving notices and subpoenas ordered by the court, as prescribed by law.
2.6    (b) The expense of transporting a child to a place designated by a child-placing
2.7agency for the care of the child if the court transfers legal custody to a child-placing
2.8agency.
2.9    (c) The expense of transporting a minor to a place designated by the court.
2.10    (d) Reasonable compensation for an attorney appointed by the court to serve as
2.11counsel, except in the Eighth Judicial District where the state courts shall pay for counsel
2.12to a guardian ad litem until the recommendations of the task force created in Laws 1999,
2.13chapter 216, article 7, section 42, are implemented. The reimbursement to the Board of
2.14Public Defense for trial court representation of noncustodial parents from the time that
2.15the noncustodial parent is made a party to the child protection or permanent placement
2.16proceedings under section 260C.201, subdivision 11, paragraph (d), clauses (1) to (5).
2.17Compensation for attorney services shall be set at a rate of $60 per hour. Funds collected
2.18by the board shall be deposited in the special revenue fund and are appropriated to the
2.19board and do not cancel.
2.20    (2) The state courts shall pay for guardian ad litem expenses.
2.21EFFECTIVE DATE.This section is effective July 1, 2007.

2.22    Sec. 3. Minnesota Statutes 2006, section 611.14, is amended to read:
2.23611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
2.24    (a) The following persons who are financially unable to obtain counsel are entitled
2.25to be represented by a public defender:
2.26    (1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
2.27person charged under sections 629.01 to 629.29;
2.28    (2) a person appealing from a conviction of a felony or gross misdemeanor, or
2.29a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction
2.30proceeding and who has not already had a direct appeal of the conviction, but if the person
2.31pled guilty and received a presumptive sentence or a downward departure in sentence,
2.32and the state public defender reviewed the person's case and determined that there was no
2.33basis for an appeal of the conviction or of the sentence, then the state public defender may
2.34decline to represent the person in a postconviction remedy case;
3.1    (3) a person who is entitled to be represented by counsel under section 609.14,
3.2subdivision 2 ; or
3.3    (4) a minor ten years of age or older who is entitled to be represented by counsel
3.4under section 260B.163, subdivision 4, or 260C.163, subdivision 3;
3.5    (5) a child under ten years of age when the child's misbehavior is the sole basis for
3.6a petition filed by the county attorney and any out-of-home placement including foster
3.7care or inpatient treatment is being sought;
3.8    (6) a custodial parent or parents who are entitled to counsel in trial court under
3.9section 260C.163, subdivision 3, pursuant to a petition filed by a county attorney, or, if
3.10there is no parent, the guardian or the custodian of the child, but in cases governed by
3.11the Indian Child Welfare Act, the district public defender may represent both parents
3.12regardless of whether they have custody of the child, or may represent the guardian or
3.13custodian of the child; or
3.14    (7) a noncustodial parent made a party to a child protection or permanent placement
3.15proceeding under section 260C.201, subdivision 11, paragraph (d), clauses (1) to (5), the
3.16cost of which will be reimbursed under section 260C.331, subdivision 3, paragraph (d).
3.17    (b) The Board of Public Defense must not provide or pay for public defender
3.18services to persons other than those entitled to representation under this section.
3.19EFFECTIVE DATE.This section is effective July 1, 2007.

3.20    Sec. 4. Minnesota Statutes 2006, section 611.16, is amended to read:
3.21611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
3.22    Any person described in section 611.14 or any other person entitled by law to
3.23representation by counsel, may at any time request the court in which the matter is pending,
3.24or the court in which the conviction occurred, to appoint a public defender to represent
3.25the person. In a proceeding defined by clause (2) of section 611.14, application for the
3.26appointment of a public defender may also be made to a judge of the Supreme Court.
3.27EFFECTIVE DATE.This section is effective July 1, 2007.

3.28    Sec. 5. Minnesota Statutes 2006, section 611.18, is amended to read:
3.29611.18 APPOINTMENT OF PUBLIC DEFENDER.
3.30    If it appears to a court that a person requesting the appointment of counsel satisfies
3.31the requirements of this chapter, the court shall order the appropriate public defender to
3.32represent the person at all further stages of the proceeding through appeal, if any. For a
3.33person appealing from a conviction, or a person pursuing a postconviction proceeding
3.34and who has not already had a direct appeal of the conviction, according to the standards
3.35of sections 611.14 and 611.25, subdivision 1, paragraph (a), clause (2), the state public
4.1defender shall be appointed. For a person covered by section 611.14, paragraph (a), clause
4.2(1), (3), (4), (5), (6), or (7), a district public defender shall be appointed to represent that
4.3person. If (a) conflicting interests exist, (b) the district public defender for any other
4.4reason is unable to act, or (c) the interests of justice require, the state public defender
4.5may be ordered to represent a person. When the state public defender is directed by a
4.6court to represent a defendant or other person, the state public defender may assign the
4.7representation to any district public defender. If at any stage of the proceedings, including
4.8an appeal, the court finds that the defendant is financially unable to pay counsel whom the
4.9defendant had retained, the court may appoint the appropriate public defender to represent
4.10the defendant, as provided in this section. Prior to any court appearance, a public defender
4.11may represent a person accused of violating the law, who appears to be financially unable
4.12to obtain counsel, and shall continue to represent the person unless it is subsequently
4.13determined that the person is financially able to obtain counsel. The representation may
4.14be made available at the discretion of the public defender, upon the request of the person
4.15or someone on the person's behalf. Any law enforcement officer may notify the public
4.16defender of the arrest of any such person.
4.17EFFECTIVE DATE.This section is effective July 1, 2007."
4.18Amend the title accordingly