Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to local government |
May 22, 2017 |
print number 4032b |
May 22, 2017 |
amend (t) and recommit to local government |
May 08, 2017 |
print number 4032a |
May 08, 2017 |
amend and recommit to local government |
Feb 02, 2017 |
referred to local government |
Senate Bill S4032B
2017-2018 Legislative Session
Sponsored By
(D) 36th Senate District
Archive: Last Bill Status - In Senate Committee Local Government 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
Bill Amendments
co-Sponsors
(D) 14th Senate District
(D) Senate District
(D) Senate District
(D, WF) 21st Senate District
2017-S4032 - Details
- Current Committee:
- Senate Local Government
- Law Section:
- Executive Law
- Laws Affected:
- Amd §832, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S7481
2019-2020: S2559
2021-2022: S3356
2023-2024: S1238
2017-S4032 - Sponsor Memo
BILL NUMBER: S4032 TITLE OF BILL : An act to amend the county law, the executive law and the state finance law, in relation to requiring limits on the number of cases a public defender may be assigned in any given year PURPOSE : The purpose of this bill is to establish "case caps" for indigent defense services throughout the State of New York. Specifically, this bill limits or otherwise caps annual criminal defense attorney caseloads to 367 misdemeanors or 138 felonies, with felonies counted as 2.66 in mixed caseloads. Please note that this bill is not applicable to New York City, Ontario, Onondaga (Syracuse), Schuyler, Suffolk and Washington Counties, as these areas already have restrictions in the number of cases a public defender may carry, such caps achieved either through prior legislation or court settlement. SUMMARY OF PROVISIONS : Section 1 of the bill provides for a Legislative finding and declaration. Section 2 of the bill: provides that the state shall reimburse counties or cities for any caseloads that exceed 367 misdemeanors or 138 felonies, with felonies counted as 2.66 in mixed caseloads. This
2017-S4032 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4032 2017-2018 Regular Sessions I N S E N A T E February 2, 2017 ___________ Introduced by Sens. BAILEY, COMRIE, HAMILTON, MONTGOMERY, PARKER, PERKINS, PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the county law, the executive law and the state finance law, in relation to requiring limits on the number of cases a public defender may be assigned in any given year THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and declaration. In GIDEON V. WAIN- WRIGHT, 372 U.S. 335 (1963) the United States Supreme Court held that the 6th amendment right to counsel required states to assign defense attorneys to defendants charged with serious offenses and who could not afford counsel. This constitutional rule was subsequently extended to require states to provide counsel to cases where a criminal conviction could lead to imprisonment. In Gideon, the court held that the assign- ment of counsel was essential to having a fair trial and was a constitu- tional right of the accused which states could not violate. In 2005, Judith Kaye, Chief Judge of the New York State Court of Appeals, was appointed to head a state commission to review indigent criminal defense in the state of New York. In 2006, The New York State Commission on the Future of Indigent Defense Representation concluded that "{t}he indigent defense system in New York State is both severely dysfunctional and structurally incapable of providing each poor defend- ant with the effective legal representation that he or she is guaranteed by the Constitution of the United States and the Constitution and laws of the State of New York." The commission also affirmed that the exces- sive number of cases assigned to public defenders caused irreparable harm to representation. In 2009, the New York state legislature passed and Governor Paterson signed into law "case caps" for public defenders in New York City. Through the Office of Court Administration, the legislature supplemented EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D) 14th Senate District
(D) Senate District
(D) Senate District
(D, WF) 21st Senate District
2017-S4032A - Details
- Current Committee:
- Senate Local Government
- Law Section:
- Executive Law
- Laws Affected:
- Amd §832, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S7481
2019-2020: S2559
2021-2022: S3356
2023-2024: S1238
2017-S4032A - Sponsor Memo
BILL NUMBER: S4032A TITLE OF BILL : An act to amend the county law, the executive law and the state finance law, in relation to requiring limits on the number of cases a public defender may be assigned in any given year PURPOSE : The purpose of this bill is to establish "case caps" for indigent defense services throughout the State of New York. SUMMARY OF PROVISIONS : Section 1 of the bill provides for Caseload relief to develop and implement a written plan that establishes numerical caseload/workload standards for each provider of constitutionally mandated publicly funded representation in criminal cases for people who are unable to afford counsel, provided that annual individual numerical caseload/workload standards may not exceed three hundred sixty-seven misdemeanors or one hundred thirty-eight felonies, with each felony counting as two and sixty-six hundredths misdemeanors in mixed caseloads. JUSTIFICATION :
2017-S4032A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4032--A 2017-2018 Regular Sessions I N S E N A T E February 2, 2017 ___________ Introduced by Sens. BAILEY, COMRIE, HAMILTON, MONTGOMERY, PARKER, PERSAUD -- 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 requiring limits on the number of cases a public defender may be assigned in any given year THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and declaration. In GIDEON V. WAIN- WRIGHT, 372 U.S. 335 (1963) the United States Supreme Court held that the 6th amendment right to counsel required states to assign defense attorneys to defendants charged with serious offenses and who could not afford counsel. This constitutional rule was subsequently extended to require states to provide counsel to cases where a criminal conviction could lead to imprisonment. In Gideon, the court held that the assign- ment of counsel was essential to having a fair trial and was a constitu- tional right of the accused which states could not violate. In 2005, Judith Kaye, Chief Judge of the New York State Court of Appeals, was appointed to head a state commission to review indigent criminal defense in the state of New York. In 2006, The New York State Commission on the Future of Indigent Defense Representation concluded that "{t}he indigent defense system in New York State is both severely dysfunctional and structurally incapable of providing each poor defend- ant with the effective legal representation that he or she is guaranteed by the Constitution of the United States and the Constitution and laws of the State of New York." The commission also affirmed that the exces- sive number of cases assigned to public defenders caused irreparable harm to representation. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03923-02-7
co-Sponsors
(D) 14th Senate District
(D) Senate District
(D) Senate District
(D, WF) 21st Senate District
2017-S4032B (ACTIVE) - Details
- Current Committee:
- Senate Local Government
- Law Section:
- Executive Law
- Laws Affected:
- Amd §832, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S7481
2019-2020: S2559
2021-2022: S3356
2023-2024: S1238
2017-S4032B (ACTIVE) - Sponsor Memo
BILL NUMBER: S4032B TITLE OF BILL : An act to amend the executive law, in relation to caseload relief PURPOSE : The purpose of this bill is to establish "case caps" for indigent defense services throughout the State of New York. SUMMARY OF PROVISIONS : Section 1 of the bill provides for Caseload relief to develop and implement a written plan that establishes numerical caseload/workload standards for each provider of constitutionally mandated publicly funded representation in criminal cases for people who are unable to afford counsel, provided that annual individual numerical caseload/workload standards may not exceed three hundred sixty-seven misdemeanors or one hundred thirty-eight felonies, with each felony counting as two and sixty-six hundredths misdemeanors in mixed caseloads. JUSTIFICATION : In Gideon v. Wainwright, 372 U.S. 335 (1963) the Supreme Court of the
2017-S4032B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4032--B 2017-2018 Regular Sessions I N S E N A T E February 2, 2017 ___________ Introduced by Sens. BAILEY, COMRIE, HAMILTON, MONTGOMERY, PARKER, PERSAUD -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to caseload relief THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 4 of section 832 of the exec- utive law, as added by section 12 of part VVV of chapter 59 of the laws of 2017, is amended to read as follows: (b) Caseload relief. Develop and implement a written plan that estab- lishes numerical caseload/workload standards for each provider of constitutionally mandated publicly funded representation in criminal cases for people who are unable to afford counsel, PROVIDED THAT ANNUAL INDIVIDUAL NUMERICAL CASELOAD/WORKLOAD STANDARDS MAY NOT EXCEED THREE HUNDRED SIXTY-SEVEN MISDEMEANORS OR ONE HUNDRED THIRTY-EIGHT FELONIES, WITH EACH FELONY COUNTING AS TWO AND SIXTY-SIX HUNDREDTHS MISDEMEANORS IN MIXED CASELOADS. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03923-03-7
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