S T A T E   O F   N E W   Y O R K
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                                  3106

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of  A.  O'DONNELL,  WRIGHT, JAFFEE, KELLNER, GREENE,
  SCHROEDER, GOTTFRIED, MILLMAN, REILLY,  ROSENTHAL,  CAHILL,  JEFFRIES,
  JOHN, COOK, CUSICK, ZEBROWSKI, CARROZZA, SCHIMEL -- Multi-Sponsored by
  --  M.  of  A.  BRENNAN, FARRELL, HEASTIE, HOOPER, KOLB, KOON, MAISEL,
  McENENY, MOLINARO, PEOPLES, PHEFFER, ROBINSON,  SAYWARD,  SCARBOROUGH,
  TITONE,  TOWNS,  WEISENBERG -- read once and referred to the Committee
  on Higher Education

AN ACT to amend the education law, in relation to the retention of qual-
  ified public defenders through assistance in repaying student loans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  section  heading and subdivisions 1 and 2 of section
679-e of the education law, as added by section 1 of part H  of  chapter
56  of  the laws of 2007, paragraphs a and d of subdivision 2 as amended
by section 1 of part X of chapter 56 of the laws of 2008, are amended to
read as follows:
  New York state district attorney AND INDIGENT  DEFENSE  ATTORNEY  loan
forgiveness program. 1.  Purpose. The president shall grant student loan
forgiveness  awards  for the purpose of increasing the number of experi-
enced attorneys serving in the position of district attorney OR INDIGENT
DEFENSE ATTORNEY in the counties of the state.
  2. Definitions.  a. (i) "Eligible attorney" means an attorney,  admit-
ted  to  practice  law in New York state, who is a district attorney, as
defined in subparagraph (ii) of this paragraph,  who  is  employed  full
time  as a district attorney; OR WHO IS AN INDIGENT DEFENSE ATTORNEY, AS
DEFINED IN PARAGRAPH B OF THIS SUBDIVISION, WHO IS EMPLOYED FULL TIME AS
AN INDIGENT DEFENSE ATTORNEY; and who holds a degree from a  law  school
and was within the eligible period as defined in paragraph [b] C of this
subdivision  during  the time for which such person is seeking a student
loan expense grant.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03684-01-9

              

A. 3106                             2

  (ii) "District attorney" means the district attorney  of  one  of  the
counties  of the state or an employee of the office of any such district
attorney.
  b. "INDIGENT DEFENSE ATTORNEY" MEANS AN ATTORNEY, ADMITTED TO PRACTICE
LAW  IN  NEW YORK STATE, WHO IS A FULL-TIME EMPLOYEE OF ANY OF THE AGEN-
CIES DESIGNATED BY SUBDIVISIONS ONE AND TWO  OF  SECTION  SEVEN  HUNDRED
TWENTY-TWO  OF  THE COUNTY LAW, WHO IS EMPLOYED FULL TIME AS AN INDIGENT
DEFENSE ATTORNEY; ENGAGED IN THE PRACTICE OF CRIMINAL LAW ON  BEHALF  OF
PERSONS  CHARGED WITH A CRIME WHO ARE FINANCIALLY UNABLE TO OBTAIN COUN-
SEL AND WHO HAS BOTH HELD A DEGREE FROM A LAW SCHOOL FOR NOT  MORE  THAN
ELEVEN  YEARS AND WAS WITHIN THE ELIGIBLE PERIOD AS DEFINED IN PARAGRAPH
C OF THIS SUBDIVISION DURING THE TIME FOR WHICH SUCH PERSON IS SEEKING A
STUDENT LOAN EXPENSE GRANT.
  C. "Eligible period" means the six-year period after completion of the
third year and before the commencement of the tenth year  of  employment
as a district attorney OR AN INDIGENT DEFENSE ATTORNEY.  For purposes of
this  section, all periods of time during which an admitted attorney was
employed as a district attorney OR AN INDIGENT DEFENSE ATTORNEY and  all
periods of time during which a law school graduate awaiting admission to
the New York state bar was employed by a prosecuting or criminal defense
agency as permitted by section four hundred eighty-four of the judiciary
law shall be combined.
  [c.]  D.  "Student loan expense" means the total loan balance required
to be paid by the eligible attorney  on  the  cumulative  total  of  the
attorney's outstanding student loans covering his or her cost of attend-
ance  at  an undergraduate institution and/or law school, at the time of
the attorney's first application for reimbursement. Interest paid or due
on such loans shall be considered eligible for reimbursement under  this
program.  For  purposes  of  this calculation, the amount of the student
loan expenses shall be reduced by any grants, loan forgiveness, or simi-
lar reductions to the attorney's  indebtedness  that  the  attorney  has
received  or  shall  receive,  including, but not limited to, law school
loan forgiveness and public service scholarships.
  [d.] E. "Year of qualified service"  means  the  twelve  month  period
measured  from the anniversary of the attorney's employment as an eligi-
ble attorney, or as a law school graduate awaiting admission to the  New
York  state  bar employed by a prosecuting or criminal defense agency as
permitted by section four hundred  eighty-four  of  the  judiciary  law,
adjusted  for  any  interruption in employment.  Any period of temporary
leave from service taken by an eligible attorney shall not be considered
in the calculation of qualified service. However, the period  of  tempo-
rary  leave  shall  be  considered an interruption in employment and the
calculation of the time period of  qualified  service  shall  recommence
when the eligible attorney returns to full time service.
  S 2. This act shall take effect immediately.