Assembly Bill A6202B

2015-2016 Legislative Session

Requires state reimbursement to counties the full amount of expenditures for indigent legal services

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A6202 - Details

Current Committee:
Senate Finance
Law Section:
County Law
Laws Affected:
Amd §722-e, County L; amd §832, Exec L

2015-A6202 - Summary

Requires state reimbursement to counties and cities in which a county is located of the full amount of expenditures for indigent legal services.

2015-A6202 - Bill Text download pdf

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

                                  6202

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2015
                               ___________

Introduced  by M. of A. FAHY, LENTOL, AUBRY, McDONALD, STECK, GOTTFRIED,
  MAGNARELLI, CRESPO, SEPULVEDA, SCARBOROUGH,  ARROYO,  SIMOTAS,  MAGEE,
  COLTON, DUPREY, CROUCH, MONTESANO, RAIA -- Multi-Sponsored by -- M. of
  A.  HEVESI,  HIKIND, SIMON, WEINSTEIN -- read once and referred to the
  Committee on Codes

AN ACT to amend the county law and the executive  law,  in  relation  to
  indigent defense services

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

  Section 1. Legislative findings and declaration. It is  a  fundamental
right  of  all persons in the United States to be represented by counsel
in all criminal prosecutions. In the case of GIDEON V.  WAINWRIGHT,  372
U.S.  335,  the  United States Supreme Court ruled that indigent persons
accused in state felony cases who were unable to afford  counsel  had  a
constitutional right to be defended by an appointed attorney paid by the
state.  Subsequently, the Supreme Court determined that indigent persons
accused of any criminal charge that could result in imprisonment, wheth-
er a felony or misdemeanor, are entitled to counsel at  the  expense  of
the state.
  New  York State has chosen to fulfill its obligation to provide repre-
sentation to indigent persons accused of a crime by requiring each coun-
ty outside New York City and New York City to implement and fund a  plan
to  provide such representation. In 2006 the Commission on the Future of
Indigent Legal Services concluded that a system of county  operated  and
funded  indigent  defense  services failed to satisfy the constitutional
obligation to protect the rights of indigent persons accused of a crime.
The Commission recommended that funding for indigent legal services come
from the State's general fund rather than from the counties.
  New York State has entered into an agreement to settle a class  action
lawsuit  that  alleged deprivation of the right to counsel in five coun-
ties. The agreement acknowledges  that  the  Office  of  Indigent  Legal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06929-02-5
              

co-Sponsors

multi-Sponsors

2015-A6202A - Details

Current Committee:
Senate Finance
Law Section:
County Law
Laws Affected:
Amd §722-e, County L; amd §832, Exec L

2015-A6202A - Summary

Requires state reimbursement to counties and cities in which a county is located of the full amount of expenditures for indigent legal services.

2015-A6202A - Bill Text download pdf

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

                                 6202--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2015
                               ___________

Introduced  by M. of A. FAHY, LENTOL, AUBRY, McDONALD, STECK, GOTTFRIED,
  MAGNARELLI, CRESPO, SEPULVEDA, ARROYO, SIMOTAS, MAGEE, COLTON, DUPREY,
  CROUCH, MONTESANO, RAIA, ROSENTHAL, WOERNER,  ROBERTS  --  Multi-Spon-
  sored by -- M.  of A. COOK, GLICK, HEVESI, HIKIND, SIMON, WEINSTEIN --
  read  once  and  referred  to  the  Committee on Codes -- reported and
  referred to the Committee on Ways and Means --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the county law and the executive  law,  in  relation  to
  indigent defense services

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

  Section 1. Legislative findings and declaration. It is  a  fundamental
right  of  all persons in the United States to be represented by counsel
in all criminal prosecutions. In the case of GIDEON V.  WAINWRIGHT,  372
U.S.  335,  the  United States Supreme Court ruled that indigent persons
accused in state felony cases who were unable to afford  counsel  had  a
constitutional right to be defended by an appointed attorney paid by the
state.  Subsequently, the Supreme Court determined that indigent persons
accused of any criminal charge that could result in imprisonment, wheth-
er a felony or misdemeanor, are entitled to counsel at  the  expense  of
the state.
  New  York state has chosen to fulfill its obligation to provide repre-
sentation to indigent persons accused of a crime by requiring each coun-
ty outside New York city and New York city to implement and fund a  plan
to  provide such representation. In 2006 the Commission on the Future of
Indigent Legal Services concluded that a system of county  operated  and
funded  indigent  defense  services failed to satisfy the constitutional
obligation to protect the rights of indigent persons accused of a crime.
Such Commission recommended that funding  for  indigent  legal  services
come from the State's general fund rather than from the counties.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06929-03-5
              

co-Sponsors

multi-Sponsors

2015-A6202B - Details

Current Committee:
Senate Finance
Law Section:
County Law
Laws Affected:
Amd §722-e, County L; amd §832, Exec L

2015-A6202B - Summary

Requires state reimbursement to counties and cities in which a county is located of the full amount of expenditures for indigent legal services.

2015-A6202B - Bill Text download pdf

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

                                 6202--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2015
                               ___________

Introduced  by M. of A. FAHY, LENTOL, AUBRY, McDONALD, STECK, GOTTFRIED,
  MAGNARELLI, CRESPO, SEPULVEDA, ARROYO, SIMOTAS, MAGEE, COLTON, DUPREY,
  CROUCH,  MONTESANO,  RAIA,  ROSENTHAL,  WOERNER,  RUSSELL,   BRINDISI,
  MOSLEY, PALMESANO -- Multi-Sponsored by -- M. of A. COOK, GLICK, HEVE-
  SI,  HIKIND, SIMON, WEINSTEIN -- read once and referred to the Commit-
  tee on Codes -- reported and referred to the  Committee  on  Ways  and
  Means  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT to amend the county law and the executive  law,  in  relation  to
  indigent defense services

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

  Section 1. Legislative findings and declaration. It is  a  fundamental
right  of  all persons in the United States to be represented by counsel
in all criminal prosecutions. In the case of GIDEON V.  WAINWRIGHT,  372
U.S.  335,  the  United States Supreme Court ruled that indigent persons
accused in state felony cases who were unable to afford  counsel  had  a
constitutional right to be defended by an appointed attorney paid by the
state.  Subsequently, the Supreme Court determined that indigent persons
accused of any criminal charge that could result in imprisonment, wheth-
er a felony or misdemeanor, are entitled to counsel at  the  expense  of
the state.
  New  York state has chosen to fulfill its obligation to provide repre-
sentation to indigent persons accused of a crime by requiring each coun-
ty outside New York city and New York city to implement and fund a  plan
to  provide such representation. In 2006 the Commission on the Future of
Indigent Legal Services concluded that a system of county  operated  and
funded  indigent  defense  services failed to satisfy the constitutional
obligation to protect the rights of indigent persons accused of a crime.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06929-04-5
              

co-Sponsors

multi-Sponsors

2015-A6202C (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
County Law
Laws Affected:
Amd §722-e, County L; amd §832, Exec L

2015-A6202C (ACTIVE) - Summary

Requires state reimbursement to counties and cities in which a county is located of the full amount of expenditures for indigent legal services.

2015-A6202C (ACTIVE) - Bill Text download pdf

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

                                 6202--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2015
                               ___________

Introduced  by M. of A. FAHY, LENTOL, AUBRY, McDONALD, STECK, GOTTFRIED,
  MAGNARELLI, CRESPO, SEPULVEDA, ARROYO, SIMOTAS, MAGEE, COLTON, DUPREY,
  CROUCH,  MONTESANO,  RAIA,  ROSENTHAL,  WOERNER,  RUSSELL,   BRINDISI,
  MOSLEY,  PALMESANO,  LAVINE,  BRONSON,  SKOUFIS, BARCLAY, BLANKENBUSH,
  CAHILL, STEC, MURRAY, BARRETT, PEOPLES-STOKES, BUTLER, LUPARDO, LALOR,
  PICHARDO, LINARES, RIVERA, STIRPE, WALKER, JAFFEE,  O'DONNELL,  FINCH,
  RAMOS,  RYAN,  HUNTER, DAVILA, GRAF, RODRIGUEZ, BRABENEC, OTIS, TITUS,
  PERRY, OAKS, MAYER, GUNTHER, ENGLEBRIGHT -- Multi-Sponsored by  --  M.
  of  A.  BLAKE,  BRENNAN,  COOK,  GALEF, GIGLIO, GLICK, HAWLEY, HEVESI,
  HIKIND, LIFTON, LOPEZ, MARKEY, ROBINSON,  SCHIMEL,  SIMON,  SKARTADOS,
  WEINSTEIN  --  read  once  and  referred  to the Committee on Codes --
  reported and referred to the Committee on Ways and Means --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said  committee
  --  recommitted  to the Committee on Codes in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the county law, the executive law and the state finance
  law, in relation to indigent defense services

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

  Section  1.  Legislative findings and declaration. It is a fundamental
right of all persons in the United States to be represented  by  counsel
in  all criminal prosecutions. In the case of GIDEON V.  WAINWRIGHT, 372
U.S. 335, the United States Supreme Court ruled  that  indigent  persons
accused  in  state  felony cases who were unable to afford counsel had a
constitutional right to be defended by an appointed attorney paid by the
state. Subsequently, the Supreme Court determined that indigent  persons
accused of any criminal charge that could result in imprisonment, wheth-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06929-10-6

              

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