hb0069.sca.02 Converted WP Floor Amendments

H.B. 69
GUARDIAN AD LITEM AMENDMENTS

senate committee Amendments

Amendment 2 February 18, 2009 9:24 am

Senator John L. Valentine proposes the following amendments:

1.    Page 20, Lines 604 through 607 :

             604          (2) (a) A court may not appoint an attorney guardian ad litem in a criminal case.
             605          (b) Subsection (2)(a) does not prohibit the appointment of an attorney guardian ad
             606      litem in a case where a court is determining whether to adjudicate a minor for committing an
             607      act that would be a crime if committed by an adult.

(c) Subsection (2)(a) does not prohibit an attorney guardian ad litem from entering an appearance, filing motions, or taking other action in a criminal case on behalf of a minor, if:

    (i)    the attorney guardian ad litem is appointed to represent the minor in a case that is not a criminal case; and
    (ii)    the interests of the minor may be impacted by:
        (A)    an order that has been, or may be, issued in the criminal case; or
        (B)    other proceedings that have occurred, or may occur, in the criminal case.

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