Senate Bill S1279

Signed By Governor
2021-2022 Legislative Session

Streamlines the assignment of appellate counsel for indigent criminal defendants

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A5689 - Signed by Governor

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2021-S1279 (ACTIVE) - Details

See Assembly Version of this Bill:
A5689
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.55, CP L

2021-S1279 (ACTIVE) - Summary

Streamlines the assignment of appellate counsel for indigent criminal defendants appealing their convictions in order to save time, money and resources to provide enhanced access to justice for vulnerable individuals.

2021-S1279 (ACTIVE) - Sponsor Memo

2021-S1279 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1279
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  streamlining
   the assignment of appellate counsel for indigent criminal defendants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380.55 of the criminal procedure law, as  added  by
 chapter 459 of the laws of 2016, is amended to read as follows:
 § 380.55 Application for poor person relief on appeal.
   1. Where counsel has been assigned to represent a defendant [at trial]
 IN  A  CRIMINAL  ACTION  on the ground that the defendant is financially
 unable to retain counsel, the court may in its discretion at the time of
 sentencing entertain an application to grant the defendant  poor  person
 relief  on  appeal.  As part of an application for such relief, assigned
 counsel must represent that the defendant continues to be  eligible  for
 assignment  of  counsel  and that granting the application will expedite
 the appeal. If the court grants the application, it shall file a written
 order and shall provide a copy of the order to the appropriate appellate
 court. The denial of an application shall  not  preclude  the  defendant
 from  making  a de novo application for poor person relief to the appro-
 priate appellate court.
   2. WHERE COUNSEL HAS BEEN ASSIGNED TO REPRESENT A DEFENDANT IN A CRIM-
 INAL ACTION ON THE GROUND THAT THE DEFENDANT IS  FINANCIALLY  UNABLE  TO
 RETAIN COUNSEL, THE APPELLATE COURT SHALL PRESUME THE DEFENDANT ELIGIBLE
 FOR  ASSIGNMENT  OF COUNSEL ON APPEAL WITHOUT FURTHER PROOF OF ELIGIBIL-
 ITY, AND, THEREBY, ISSUE AN ORDER ASSIGNING  SUCH  COUNSEL,  IF  COUNSEL
 PROVIDES  A  SWORN  REPRESENTATION  THAT  THE  DEFENDANT CONTINUES TO BE
 ELIGIBLE FOR ASSIGNMENT OF COUNSEL.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02759-01-1

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.