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A bill that would extend automatic eligibility for legal representation by the Office of Public Defender for defendants under 18 cleared the New Jersey Assembly Law and Public Safety Committee on Thursday.

Sponsors say the measure is intended to provide additional protections for the state's juveniles during criminal proceedings.

A-2396 passed the committee by a 7-0 vote with one abstention.

The lone abstention came from Assemblyman Erik Peterson, R-Hunterdon, who expressed concerns that the bill would provide parents of teens with means the same access to OPD representation as indigent defendants and others with fewer resources.

Under current law, persons under 21 are eligible for representation by a public defender upon the court's review of the financial resources of parents or guardians.

A-2396 would apply to any person under 18 arrested or charged with an indictable offense or act of delinquency. That person would automatically be eligible, at no expense to him or her, for representation by the OPD.

"These kids need someone to advocate for them, but affordability and the fear of what a lawyer might cost often leads them and their family to forgo legal representation. Eliminating the constraints to appointing counsel would ensure the constitutional right remains intact," said prime sponsor Assemblyman Benjie Wimberly, D-Bergen, in a statement after the committee vote in Trenton.

The Senate version, S-896, previously passed the Senate Law and Public Safety Committee by a vote of 4-0 on Feb. 24, according to legislative records. S-896 now awaits the Senate Budget and Appropriations Committee approval before heading to the Senate floor for a full vote there.

"Today, a juvenile's right to a public defender is not a guarantee," said one of the Senate bill's prime sponsors, Sen. Nellie Pou, D-Bergen, in a statement. "Instead it's dependent on their guardian, their guardian's finances and their guardian's willingness to apply for OPD services."

"But what if their guardian is involved in the incident, what if the guardian has skin in the game, what if they aren't looking out for the juvenile, but themselves?" Pou added. "When a young person is indicted, their fate should not be influenced by anything but their own actions."

The same release alluded to a National Juvenile Defender Center statistic that 11 states currently provide every child accused of an offense with an attorney, regardless of financial status. If the New Jersey bill becomes law, the Garden State would become the 12th state.

But Peterson, a solo in Clinton and a municipal prosecutor, said the bill in its current form needs to be tweaked to eliminate the provision where finances aren't a consideration.

"The Public Defender's Office has always been based on the ability to pay for legal counsel," Peterson said. "This bill says you can still can get a Public Defender regardless of your ability to pay, and that's a change.

"New Jersey is expensive enough, and to expand spending money on people who can afford an attorney seems a bit much," added Peterson, who is also the Republican assistant whip. "I'd rather see us use resources of the Public Defender's Office for someone who doesn't have the ability to pay for an attorney than on rich kids whose parents decide they'll take a public defender and save a few bucks."

A-2396 now goes to the Assembly Speaker for further review.

If signed by the governor, the bill would go into effect on the first day of the fourth month afterward.