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Assembly Bill A6561

2011-2012 Legislative Session

Relates to the representation of defendants when a conflict arises with the public defender's office

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Archive: Last Bill Status - In Assembly Committee

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2011-A6561 (ACTIVE) - Details

See Senate Version of this Bill:
S5421
Current Committee:
Assembly Codes
Law Section:
County Law
Laws Affected:
Amd ยง722, County L

2011-A6561 (ACTIVE) - Summary

Relates to the representation of defendants when a conflict arises with the public defender's office.

2011-A6561 (ACTIVE) - Bill Text download pdf 

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

                                  6561

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced  by  M.  of A. LENTOL, DenDEKKER -- read once and referred to
  the Committee on Codes

AN ACT to amend the county law, in relation to conflict defense services

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

  Section 1. Subdivision 2 and paragraph (a) of subdivision 3 of section
722  of  the  county law, subdivision 2 as amended by chapter 682 of the
laws of 1977, paragraph (a) of subdivision 3 as amended by section 3  of
part  E  of  chapter  56  of  the  laws  of 2010, are amended to read as
follows:
  2. In criminal proceedings, representation by counsel furnished  by  a
private legal aid bureau or society, OR OTHER PROVIDER designated by the
county  or  city,  organized  and operating to give legal assistance and
representation to persons charged with a crime within the city or county
who are financially unable to obtain counsel. In proceedings  under  the
family court act, representation by a private legal aid bureau or socie-
ty,  or  by  any  corporation,  voluntary  association,  or organization
permitted to practice law under the authority  of  subdivision  five  of
section  four  hundred ninety-five of the judiciary law. NOTWITHSTANDING
ANY OTHER PROVISION OF THIS  ARTICLE,  REPRESENTATION  IN  ALL  CRIMINAL
CONFLICT  CASES  SHALL BE FURNISHED BY PRIVATE COUNSEL DULY CERTIFIED AS
QUALIFIED IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION THREE OF  THIS
SECTION EXCEPT IN ANY COUNTY OPERATING AN OFFICE OF CONFLICT DEFENDER AS
DESCRIBED  IN PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION. IN ANY
MULTIPLE  DEFENDANT  CASE  REPRESENTATION  TO  ONE  DEFENDANT  SHALL  BE
FURNISHED  BY  ONE  LEGAL  AID  BUREAU OR SOCIETY, OR ONE OTHER PROVIDER
DESIGNATED TO THE COUNTY OR CITY, ORGANIZED AND OPERATING TO GIVE  LEGAL
ASSISTANCE AND REPRESENTATION TO PERSONS CHARGED WITH A CRIME WITHIN THE
CITY  OR  COUNTY WHO ARE FINANCIALLY UNABLE TO OBTAIN COUNSEL; ALL OTHER
DEFENDANTS IN THE SAME CASE  SHALL  BE  CONSIDERED  CONFLICT  CASES  AND
REPRESENTATION  SHALL  BE  PROVIDED BY PRIVATE COUNSEL DULY CERTIFIED AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10147-01-1

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