S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6013
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- 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.
              

                                                            LBD07518-01-1

 A. 6013                             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, 2022. 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6013--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by  M.  of A. MAGNARELLI, LUNSFORD, THIELE, STERN, ABINANTI,
   COLTON, GOTTFRIED, EPSTEIN,  GALEF,  SIMON,  LAVINE,  McMAHON,  STECK,
   JACKSON  --  Multi-Sponsored  by -- M. of A. SILLITTI -- read once and
   referred to the Committee on Ways and  Means  --  recommitted  to  the
   Committee on Ways and Means 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 and the judiciary  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07518-02-2
              

 A. 6013--A                          2
 
 [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:
   (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. Section 722-e of the county law, as amended by section 11 of part
 VVV of chapter 59 of the laws of 2017, is amended to read as follows:
   §  722-e. Expenses. 1. All expenses for providing counsel and services
 other than counsel hereunder shall be a county charge or in the case  of
 a county wholly located within a city a city charge to be paid out of an
 appropriation  for such purposes. Provided, however, that any such addi-
 tional expenses incurred for the provision of counsel and services as  a
 result  of the implementation of a plan established pursuant to subdivi-
 sion four of section eight hundred  thirty-two  of  the  executive  law,
 including any interim steps taken to implement such plan, shall be reim-
 bursed by the state to the county or city providing such services.  Such
 plans shall be submitted by the office of indigent legal services to the
 director  of  the  division of budget for review and approval.  However,
 the director's approval shall be limited solely to the plan's  projected
 fiscal  impact  of  the required appropriation for the implementation of
 such plan, and his or her approval shall not be  unreasonably  withheld.
 The  state  shall  appropriate  funds  sufficient  to  provide  for  the
 reimbursement required by this section.
   2. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT  TO  PARA-
 GRAPH  (A)  OF  SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWENTY-TWO-B OF
 THIS ARTICLE IN EXCESS OF SIXTY DOLLARS PER HOUR AND  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWENTY-TWO-B OF THIS ARTICLE IN
 EXCESS OF SEVENTY-FIVE DOLLARS PER HOUR SHALL BE FUNDED BY THE STATE.
   §  3.  Subdivision 3 of section 35 of the judiciary law, as amended by
 section 5 of part J of chapter 62 of the laws of  2003,  is  amended  to
 read as follows:
   3.  No  counsel assigned pursuant to this section shall seek or accept
 any fee for representing the person for whom he or she is assigned with-
 A. 6013--A                          3
 
 out approval of the court as herein provided. Whenever it  appears  that
 such  person  is  financially  able  to  obtain  counsel or make partial
 payment for the representation, counsel may  report  this  fact  to  the
 court  and  the court may terminate the assignment or authorize payment,
 as the interests of  justice  may  dictate,  to  such  counsel.  Counsel
 assigned hereunder shall at the conclusion of the representation receive
 compensation  at  a rate of [seventy-five] ONE HUNDRED FIFTY dollars per
 hour for time expended in court, and [seventy-five]  ONE  HUNDRED  FIFTY
 dollars  per  hour  for time reasonably expended out of court, and shall
 receive reimbursement for expenses reasonably  incurred.  For  represen-
 tation  upon a hearing, compensation and reimbursement shall be fixed by
 the court wherein the hearing was held [and such compensation shall  not
 exceed  four  thousand  four  hundred  dollars. For representation in an
 appellate court, compensation and reimbursement shall be fixed  by  such
 court  and such compensation shall not exceed four thousand four hundred
 dollars. In  extraordinary  circumstances  the  court  may  provide  for
 compensation in excess of the foregoing limits].
   §  4.  Section  35  of  the judiciary law is amended by adding two new
 subdivisions 9 and 10 to read as follows:
   9. HOURLY COMPENSATION TO BE RECEIVED PURSUANT TO SUBDIVISION THREE 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.
   10. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION SHALL BE FUNDED BY THE STATE.
   § 5. This act shall take effect April 1, 2022. 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.