S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8236
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 10, 2019
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Ways and Means
 
 AN ACT to amend the county law, in relation to entitled compensation for
   client representation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 722-b of the county law, as amended by section 2 of
 part J of chapter 62 of the laws of 2003, is amended to read as follows:
   § 722-b. Compensation and reimbursement  for  representation.  1.  All
 counsel assigned in accordance with a plan of a bar association conform-
 ing  to  the  requirements  of  section seven hundred twenty-two of this
 article whereby the services of private counsel are rotated and  coordi-
 nated  by an administrator shall at the conclusion of the representation
 receive:
   (a) for representation of a person entitled to representation  by  law
 who  is  initially  charged  with a misdemeanor or lesser offense and no
 felony, compensation for such misdemeanor or  lesser  offense  represen-
 tation at a rate of [sixty] ONE HUNDRED TWENTY dollars per hour for time
 expended  in court or before a magistrate, judge or justice, and [sixty]
 ONE HUNDRED TWENTY dollars per hour for time reasonably expended out  of
 court, and shall receive reimbursement for expenses reasonably incurred;
 and
   (b) for representation of a person in all other cases governed by this
 article,  including  all  representation  in an appellate court, compen-
 sation at a rate of [seventy-five] ONE HUNDRED FIFTY  dollars  per  hour
 for  time  expended  in  court before a magistrate, judge or justice and
 [seventy-five] ONE HUNDRED FIFTY dollars per hour  for  time  reasonably
 expended  out  of  court,  and  shall receive reimbursement for expenses
 reasonably incurred.
   2. [Except as provided in this section, compensation for time expended
 in providing representation:

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

                                                            LBD13179-01-9

 A. 8236                             2

   (a) pursuant to paragraph (a) of subdivision one of this section shall
 not exceed two thousand four hundred dollars; and
   (b) pursuant to paragraph (b) of subdivision one of this section shall
 not exceed four thousand four hundred dollars] HOURLY COMPENSATION TO BE
 RECEIVED  PURSUANT  TO PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS
 SECTION SHALL BE SUBJECT TO AN ANNUAL COST OF LIVING INCREASE. SUCH COST
 OF LIVING INCREASE SHALL BE CALCULATED AS THE CURRENT RATE OF  INFLATION
 AS  DETERMINED  BY  THE CONSUMER PRICE INDEX, AS COMPUTED BY THE FEDERAL
 BUREAU OF LABOR STATISTICS.
   3. [For representation on an appeal,  compensation  and  reimbursement
 shall  be  fixed  by  the appellate court. For all other representation,
 compensation and reimbursement shall be fixed by the trial court  judge.
 In  extraordinary  circumstances  a trial or appellate court may provide
 for compensation in excess of the foregoing limits and  for  payment  of
 compensation and reimbursement for expenses before the completion of the
 representation.
   4.]  Each  claim for compensation and reimbursement shall be supported
 by a sworn statement specifying the time  expended,  services  rendered,
 expenses  incurred  and  reimbursement  or  compensation  applied for or
 received in the same case from any other  source.  No  counsel  assigned
 hereunder  shall  seek  or accept any fee for representing the party for
 whom he or she is assigned without  approval  of  the  court  as  herein
 provided.
   §  2. This act shall take effect April 1, 2020. Effective immediately,
 the addition, amendment, and/or repeal of any rule or regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.