Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 08, 2016 |
reported and committed to rules |
May 24, 2016 |
print number 6341b |
May 24, 2016 |
amend and recommit to finance |
May 16, 2016 |
reported and committed to finance |
Mar 07, 2016 |
print number 6341a |
Mar 07, 2016 |
amend (t) and recommit to local government |
Jan 06, 2016 |
referred to local government |
Senate Bill S6341A
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP, RFM) Senate District
(R, C, IP) Senate District
(D, WF) 46th Senate District
(D) 14th Senate District
2015-S6341 - Details
- Current Committee:
- Senate Rules
- Law Section:
- County Law
- Laws Affected:
- Amd §722-e, County L; amd §832, Exec L; amd §98-b, St Fin L
2015-S6341 - Sponsor Memo
BILL NUMBER: S6341 TITLE OF BILL : An act to amend the county law and the executive law, in relation to indigent defense services PURPOSE OR GENERAL IDEA OF BILL : To ensure that all persons accused of crimes in New York are able to receive effective legal representation whether or not they have the ability to pay for a lawyer by establishing a system of direct state funding at the requisite adequate level to eliminate the geographic disparity in representation. SUMMARY OF SPECIFIC PROVISIONS : Section 1: provides legislative findings and declaration. Section 2: amends Section 722-e of the County law to require the State to reimburse, over a four year phase in period, counties and cities in which a county is wholly located the full amount of expenses of counsel services for indigent legal defendants. Section 3: "Subdivision 3 of section 832 of the executive law, as added by section 1 of part E of chapter 56 of the laws of 2010, is
2015-S6341 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6341 I N S E N A T E (PREFILED) January 6, 2016 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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. 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 Services and the Indigent Legal Services Board are authorized "to moni- tor and study indigent legal services in the state, to recommend meas- ures to improve those services, to award grant monies to counties to support their indigent representation capability, and to establish criteria for the distribution of such funds." While the settlement EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
(R, C, IP, RFM) Senate District
(R, C, IP) Senate District
(D, WF) 46th Senate District
(D) 14th Senate District
2015-S6341A - Details
- Current Committee:
- Senate Rules
- Law Section:
- County Law
- Laws Affected:
- Amd §722-e, County L; amd §832, Exec L; amd §98-b, St Fin L
2015-S6341A - Sponsor Memo
BILL NUMBER: S6341A TITLE OF BILL : An act to amend the county law, the executive law and the state finance law, in relation to indigent defense services PURPOSE OR GENERAL IDEA OF BILL : To ensure that all persons accused of crimes in New York are able to receive effective legal representation whether or not they have the ability to pay for a lawyer by establishing a system of direct state funding at the requisite adequate level to eliminate the geographic disparity in representation. SUMMARY OF SPECIFIC PROVISIONS : Section 1: provides legislative findings and declaration. Section 2: amends Section 722-e of the County law to require the State to reimburse, over a four year phase in period, counties and cities in which a county is wholly located the full amount of expenses of counsel services for indigent legal defendants. Section 3: "Subdivision 3 of section 832 of the executive law, as added by section 1 of part E of chapter 56 of the laws of 2010, is amended and a new paragraph (o) is added to read as follows: (o) to adopt, promulgate, amend or rescind rules and regulations to carry out
2015-S6341A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6341--A I N S E N A T E (PREFILED) January 6, 2016 ___________ Introduced by Sens. DeFRANCISCO, AKSHAR, AMEDORE, BRESLIN, COMRIE, HASSELL-THOMPSON, LATIMER, LITTLE, MARCHIONE, O'MARA, RITCHIE, SERINO, SEWARD, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- 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- 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. 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 Services and the Indigent Legal Services Board are authorized "to moni- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
(R, C, IP, RFM) Senate District
(R, C, IP) Senate District
(D, WF) 46th Senate District
(D) 14th Senate District
2015-S6341B (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- County Law
- Laws Affected:
- Amd §722-e, County L; amd §832, Exec L; amd §98-b, St Fin L
2015-S6341B (ACTIVE) - Sponsor Memo
BILL NUMBER: S6341B REVISED MEMO 06/03/2016 TITLE OF BILL : An act to amend the county law, the executive law and the state finance law, in relation to indigent defense services PURPOSE OR GENERAL IDEA OF BILL : To ensure that all persons accused of crimes in New York are able to receive effective legal representation whether or not they have the ability to pay for a lawyer by establishing a system of direct state funding at the requisite adequate level to eliminate the geographic disparity in representation. SUMMARY OF SPECIFIC PROVISIONS : Section 1: provides legislative findings and declaration. Section 2: amends Section 722-e of the County law to require the State to reimburse, over a seven year phase in period, counties and cities in which a county is wholly located the full amount of expenses of counsel services for indigent legal defendants. Section 3: "Subdivision 3 of section 832 of the executive law, as added by section 1 of part E of chapter 56 of the laws of 2010, is amended and a new paragraph (o) is added to read as follows: (o) to adopt, promulgate, amend or rescind rules and regulations to carry out
2015-S6341B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6341--B I N S E N A T E (PREFILED) January 6, 2016 ___________ Introduced by Sens. DeFRANCISCO, AKSHAR, AMEDORE, BRESLIN, COMRIE, GRIF- FO, HASSELL-THOMPSON, KAMINSKY, LATIMER, LITTLE, MARCHIONE, MURPHY, O'MARA, RANZENHOFER, RITCHIE, SERINO, SEWARD, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- 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- 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.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.