Bill Text: NY S03672 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the assignment of counsel.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-11-08 - signed chap.446 [S03672 Detail]

Download: New_York-2019-S03672-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3672
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 12, 2019
                                       ___________
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT to amend the county law, in relation to assignment of counsel
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The closing paragraph of section 722 of the county law, as
     2  amended by chapter 453 of the laws  of  1999,  is  amended  to  read  as
     3  follows:
     4    Upon  an  appeal  in a criminal action, and on any appeal described in
     5  section eleven hundred twenty of the family court act, article six-C  of
     6  the  correction  law  or  section  four hundred seven of the surrogate's
     7  court procedure act, wherein the party is financially unable  to  obtain
     8  counsel,  the  appellate court shall assign counsel furnished in accord-
     9  ance with the plan, conforming to  the  requirements  of  this  section,
    10  which  is in operation in the county or in the city in which a county is
    11  wholly contained wherein the judgment  of  conviction,  disposition,  or
    12  order  of the trial court was entered; provided, however, that when such
    13  county or city has not placed in operation a  plan  conforming  to  that
    14  prescribed  in subdivision three or four of this section and such appel-
    15  late court is satisfied that a conflict of interest prevents the assign-
    16  ment of counsel pursuant to the plan in operation, or when  such  county
    17  or  city  has  not  placed  in  operation  any  plan  conforming to that
    18  prescribed in this section, such appellate court may assign any attorney
    19  in such county or city and, in such event, such attorney  shall  receive
    20  compensation  and  reimbursement from such county or city which shall be
    21  at the same rate as is prescribed in section seven hundred  twenty-two-b
    22  of  this  chapter.    Assignment of counsel upon an appeal in a criminal
    23  action pursuant to this subdivision,  or  pursuant  to  paragraph  b  of
    24  subdivision  one  of  section thirty-five of the judiciary law, includes
    25  authorization for representation by appellate counsel,  or  an  attorney
    26  selected at the request of appellate counsel by the administrator of the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07447-01-9
        S. 3672                             2
     1  plan  in  operation  in  the county (or city in which a county is wholly
     2  contained) where the conviction was entered, with respect to the  prepa-
     3  ration  and  proceeding  upon a motion, pursuant to article four hundred
     4  forty  of  the  criminal  procedure  law, to vacate a judgment or to set
     5  aside a sentence or on a motion for a writ of error coram nobis; compen-
     6  sation and reimbursement for such representation and expenses  shall  be
     7  governed  by sections seven hundred twenty-two-b and seven hundred twen-
     8  ty-two-c of this article.
     9    § 2. This act shall take effect immediately.