Senate Bill S3488

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3488

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 20, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, the state finance law and the  execu-
  tive  law,  in  relation  to  establishing  the  criminal defense loan
  assistance program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  4  of section 468-a of the judiciary law, as
amended by section 17 of part J of chapter 62 of the laws  of  2003,  is
amended to read as follows:
  4. The biennial registration fee shall be three hundred fifty dollars,
sixty  dollars of which shall be allocated to and be deposited in a fund
established pursuant to the provisions of section ninety-seven-t of  the
state  finance  law,  fifty  dollars  of which shall be allocated to and
shall be deposited in a fund established pursuant to the  provisions  of
section  ninety-eight-b of the state finance law, AND ONE HUNDRED TWENTY
DOLLARS OF WHICH SHALL BE ALLOCATED TO AND BE DEPOSITED IN A FUND ESTAB-
LISHED PURSUANT TO THE PROVISIONS OF SECTION NINETY-FOUR-E OF THE  STATE
FINANCE LAW, and the remainder of which shall be deposited in the attor-
ney  licensing fund. Such fee shall be required of every attorney who is
admitted and licensed to practice law in this state, whether or not  the
attorney  is  engaged in the practice of law in this state or elsewhere,
except attorneys who certify to the chief administrator  of  the  courts
that they have retired from the practice of law.
  S  2. The state finance law is amended by adding a new section 94-e to
read as follows:
  S 94-E. CRIMINAL DEFENSE LOAN ASSISTANCE PROGRAM FUND. 1.    THERE  IS
HEREBY  ESTABLISHED  IN  THE  CUSTODY OF THE STATE COMPTROLLER A SPECIAL
FUND TO BE KNOWN AS THE "CRIMINAL DEFENSE LOAN ASSISTANCE PROGRAM FUND".
THE FUND SHALL BE ADMINISTERED BY THE COMMISSIONER OF  THE  DIVISION  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01329-01-9

              

S. 3488                             2

CRIMINAL  JUSTICE  SERVICES,  ACCORDING  TO  THE PROVISIONS SET FORTH IN
ARTICLE THIRTY-SIX-B OF THE EXECUTIVE LAW.
  2.  THE FULL AMOUNT OF THE ALLOCABLE PORTION OF THE BIENNIAL REGISTRA-
TION FEE COLLECTED PURSUANT TO THE PROVISIONS OF  SECTION  FOUR  HUNDRED
SIXTY-EIGHT-A OF THE JUDICIARY LAW AND SUCH OTHER MONIES AS MAY BE CRED-
ITED OR OTHERWISE TRANSFERRED FROM ANY OTHER FUND OR SOURCE, PURSUANT TO
LAW,  INCLUDING  VOLUNTARY  CONTRIBUTIONS,  TOGETHER  WITH  ANY INTEREST
ACCRUED THEREON, SHALL BE  DEPOSITED  TO  THE  CREDIT  OF  THE  CRIMINAL
DEFENSE LOAN ASSISTANCE PROGRAM FUND OF THE STATE OF NEW YORK.
  S 3. The executive law is amended by adding a new article 36-B to read
as follows:
                               ARTICLE 36-B
              THE CRIMINAL DEFENSE LOAN ASSISTANCE PROGRAM

SECTION 846-N. DECLARATION OF POLICY AND LEGISLATIVE INTENT.
        846-O. DEFINITIONS.
        846-P. ADMINISTRATION OF FUNDS.
  S 846-N. DECLARATION OF POLICY AND LEGISLATIVE INTENT. THE LEGISLATURE
RECOGNIZES  THAT  ATTORNEYS  IN  THE  PUBLIC SECTOR SERVING THE CRIMINAL
JUSTICE SYSTEM OFTEN WISH TO MAKE A LONG-TERM COMMITMENT TO  PUBLIC-SER-
VICE  WORK  AS PUBLIC DEFENDERS, LEGAL AID ATTORNEYS, OR THE EQUIVALENT.
HOWEVER, BECAUSE THESE ATTORNEYS OFTEN CARRY  SIGNIFICANT  STUDENT  LOAN
DEBT, AND HAVE GRAVE DIFFICULTY IN REPAYING THIS DEBT ON A PUBLIC-SECTOR
SALARY, MANY OF THE ATTORNEYS ARE FORCED TO LEAVE THE PUBLIC SECTOR. THE
LOSS OF SO MANY CAPABLE PUBLIC-SECTOR ATTORNEYS HAS AN ADVERSE IMPACT ON
THE  CRIMINAL JUSTICE SYSTEM'S ABILITY TO PROVIDE THE CONSISTENTLY HIGH-
QUALITY LEGAL DEFENSE SERVICES THE PEOPLE OF NEW YORK STATE DESERVE  AND
TO MAINTAIN PUBLIC CONFIDENCE IN THE CRIMINAL JUSTICE SYSTEM. THE LEGIS-
LATURE  RECOGNIZES THE VALUE OF RETAINING THESE ATTORNEYS IN THEIR PUBL-
IC-SECTOR POSITIONS WITHIN THE CRIMINAL JUSTICE SYSTEM,  JUST  AS  THEIR
TRAINING  AND  EXPERIENCE MAKES THEM MOST ABLE TO DEFEND, IN A COMPETENT
AND PROFESSIONAL MANNER, THE MOST DIFFICULT AND COMPLEX CASES. TO RETAIN
THE MUCH-NEEDED SERVICES THESE ATTORNEYS PROVIDE, THE LEGISLATURE  FINDS
THAT IT IS IN THE STATE'S BEST INTEREST TO OFFER FINANCIAL ASSISTANCE TO
HELP  THESE  ATTORNEYS  REPAY THEIR STUDENT LOANS, AND, ACCORDINGLY, THE
LEGISLATURE ESTABLISHES THE CRIMINAL DEFENSE LOAN ASSISTANCE PROGRAM.
  S 846-O. DEFINITIONS. 1. "ELIGIBLE ATTORNEY" MEANS AN ATTORNEY, ADMIT-
TED TO PRACTICE LAW IN NEW YORK STATE, WHO  IS  A  DEFENSE  ATTORNEY  AS
DEFINED  IN  SUBDIVISION  TWO  OF  THIS SECTION; AND WHO BOTH HAS HELD A
DEGREE FROM A LAW SCHOOL FOR NOT MORE THAN ELEVEN YEARS AND  WAS  WITHIN
THE  ELIGIBLE  PERIOD  AS  DEFINED  IN SUBDIVISION THREE OF THIS SECTION
DURING THE TIME FOR WHICH HE OR SHE IS SEEKING A  STUDENT  LOAN  EXPENSE
GRANT.
  2.  "DEFENSE  ATTORNEY" MEANS AN ATTORNEY EMPLOYED BY ANY OF THE AGEN-
CIES DESIGNATED BY SUBDIVISIONS ONE AND TWO  OF  SECTION  SEVEN  HUNDRED
TWENTY-TWO OF THE COUNTY LAW, AND WHO IS EMPLOYED FULL TIME AS A PROVID-
ER  OF LEGAL SERVICES AND REPRESENTATION TO PERSONS CHARGED WITH A CRIME
WHO ARE FINANCIALLY UNABLE TO OBTAIN COUNSEL.
  3. "ELIGIBLE PERIOD" MEANS THE SIX-YEAR PERIOD AFTER COMPLETION OF THE
THIRD YEAR AND BEFORE THE COMMENCEMENT OF THE TENTH YEAR  OF  EMPLOYMENT
AS  A  DEFENSE  ATTORNEY, AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
FOR PURPOSES OF THIS SECTION, ALL PERIODS OF TIME DURING WHICH AN ADMIT-
TED ATTORNEY WAS EMPLOYED AS A DEFENSE ATTORNEY AND ALL PERIODS OF  TIME
DURING  WHICH  A  LAW-SCHOOL GRADUATE AWAITING ADMISSION TO THE NEW YORK
STATE BAR WAS EMPLOYED BY A CRIMINAL  DEFENSE  AGENCY  AS  PERMITTED  BY
SECTION FOUR HUNDRED EIGHTY-FOUR OF THE JUDICIARY LAW SHALL BE COMBINED.

S. 3488                             3

  4.  "STUDENT  LOAN  EXPENSE"  MEANS  THE  TOTAL ANNUAL LOAN REPAYMENTS
REQUIRED TO BE MADE BY THE ELIGIBLE ATTORNEY ON THE CUMULATIVE TOTAL  OF
THE ATTORNEY'S OUTSTANDING STUDENT LOANS COVERING THE COST OF ATTENDANCE
AT  AN UNDERGRADUATE INSTITUTION AND/OR LAW SCHOOL. INTEREST PAID OR DUE
ON  SUCH LOANS SHALL BE CONSIDERED ELIGIBLE FOR REIMBURSEMENT UNDER THIS
PROGRAM. FOR PURPOSES OF THIS CALCULATION, THE  AMOUNT  OF  THE  STUDENT
LOAN  EXPENSE SHALL BE REDUCED BY ANY GRANTS, LOAN FORGIVENESS, OR SIMI-
LAR REDUCTIONS TO THE ATTORNEY'S  INDEBTEDNESS  THAT  THE  ATTORNEY  HAS
RECEIVED  OR  SHALL  RECEIVE,  INCLUDING, BUT NOT LIMITED TO, LAW SCHOOL
LOAN FORGIVENESS AND PUBLIC SERVICE SCHOLARSHIPS.
  5. "YEAR OF QUALIFIED SERVICE" MEANS THE TWELVE-MONTH PERIOD  MEASURED
FROM  THE ANNIVERSARY OF THE ATTORNEY'S EMPLOYMENT AS AN ELIGIBLE ATTOR-
NEY, OR AS A LAW-SCHOOL GRADUATE AWAITING  ADMISSION  TO  THE  NEW  YORK
STATE  BAR EMPLOYED BY A CRIMINAL DEFENSE AGENCY AS PERMITTED BY SECTION
FOUR HUNDRED EIGHTY-FOUR OF THE JUDICIARY LAW, ADJUSTED FOR  ANY  INTER-
RUPTION IN EMPLOYMENT.
  6.  "COMMISSIONER"  MEANS THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES.
  S 846-P. ADMINISTRATION OF FUNDS. 1. THE COMMISSIONER SHALL BE CHARGED
WITH THE ADMINISTRATION OF THE CRIMINAL DEFENSE LOAN ASSISTANCE  PROGRAM
FUND, AS SET FORTH IN SECTION NINETY-FOUR-E OF THE STATE FINANCE LAW.
  2. (A) THE COMMISSIONER SHALL BE RESPONSIBLE FOR CALCULATING THE TOTAL
FUNDS  AVAILABLE  FOR  DISTRIBUTION UNDER THIS PROGRAM IN EACH YEAR, AND
THE DOLLAR AMOUNT OF EACH  STUDENT  LOAN  EXPENSE  GRANT  THAT  ELIGIBLE
ATTORNEYS  MAY  RECEIVE  FROM  THIS  PROGRAM.  IN NO EVENT IS A GRANT TO
EXCEED FIVE HUNDRED DOLLARS PER MONTH OR  SEVENTY-FIVE  PERCENT  OF  THE
APPLICANT'S STUDENT LOAN EXPENSE, WHICHEVER IS LESS.
  (B) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AND CREATE
AN APPLICATION PROCESS FOR THE ADMINISTRATION OF THIS PROGRAM.
  (C)  ELIGIBLE  ATTORNEYS  SHALL APPLY FOR A STUDENT LOAN EXPENSE GRANT
ACCORDING TO THE RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
  (D) AN ELIGIBLE ATTORNEY MAY APPLY AFTER THE COMPLETION OF THE  FOURTH
YEAR  OF QUALIFIED SERVICE, AND ANNUALLY THEREAFTER AFTER THE COMPLETION
OF THE FIFTH THROUGH NINTH YEAR OF QUALIFIED SERVICE,  AND  MAY  SEEK  A
STUDENT  LOAN  EXPENSE  GRANT  FOR  ONLY  THE PREVIOUS YEAR OF QUALIFIED
SERVICE. AN ELIGIBLE ATTORNEY MAY RECEIVE STUDENT  LOAN  EXPENSE  GRANTS
FOR NO MORE THAN SIX YEARS OF QUALIFIED SERVICE.
  (E)  THE  COMMISSIONER  MAY,  PURSUANT  TO  THE  RULES AND REGULATIONS
PROMULGATED BY HIM OR HER, DELEGATE TO THE ENTITIES EMPLOYING THE ELIGI-
BLE ATTORNEYS THE RESPONSIBILITY TO CERTIFY THE EMPLOYMENT  STATUS,  THE
SALARIES, AND THE STUDENT LOAN EXPENSE OF THE APPLICANTS.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.