|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Dec 31, 2016||vetoed memo.306|
|Dec 20, 2016||delivered to governor|
|Jun 17, 2016||returned to senate|
ordered to third reading rules cal.535
substituted for a10706
|Jun 16, 2016||referred to ways and means|
delivered to assembly
ordered to third reading cal.1889
|Jun 13, 2016||referred to rules|
senate Bill S8114Vetoed By Governor
Archive: Last Bill Status - Vetoed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
George A. Amedore, Jr.
(R, C, IP) 0 Senate District
Neil D. Breslin
(D, WF) 46th Senate District
(D) 14th Senate District
Thomas D. Croci
(R) 0 Senate District
S8114 (ACTIVE) - Details
S8114 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8114 TITLE OF BILL : An act to amend the county law, the executive law and the state finance law, in relation to indigent defense services PURPOSE OR GENERAL IDEA OF BILL : To ensure that all persons accused of crimes in New York are able to receive effective legal representation whether or not they have the ability to pay for a lawyer by establishing a system of direct state funding at the requisite adequate level to eliminate the geographic disparity in representation. SUMMARY OF SPECIFIC PROVISIONS : Section 1: provides legislative findings and declaration. Section 2: amends Section 722-e of the County law to require the State to reimburse, over a seven year phase in period, counties and cities in which a county is wholly located the full amount of expenses of counsel services for indigent legal defendants. Section 3: Subdivision 3 of section 832 of the executive law, as added by section 1 of part E of Chapter 56 of the laws of 2010 is amended and a new section (n) is added.
S8114 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8114 I N S E N A T E June 13, 2016 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the county law, the executive law and the state finance law, in relation to indigent defense services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and declaration. It is a fundamental right of all persons in the United States to be represented by counsel in all criminal prosecutions. In the case of GIDEON V. WAINWRIGHT, 372 U.S. 335, the United States Supreme Court ruled that indigent persons accused in state felony cases who were unable to afford counsel had a constitutional right to be defended by an appointed attorney paid by the state. Subsequently, the Supreme Court determined that indigent persons accused of any criminal charge that could result in imprisonment, wheth- er a felony or misdemeanor, are entitled to counsel at the expense of the state. New York state has chosen to fulfill its obligation to provide repre- sentation to indigent persons accused of a crime by requiring each coun- ty outside New York city and New York city to implement and fund a plan to provide such representation. In 2006 the Commission on the Future of Indigent Legal Services concluded that a system of county operated and funded indigent defense services failed to satisfy the constitutional obligation to protect the rights of indigent persons accused of a crime. Such Commission recommended that funding for indigent legal services come from the State's general fund rather than from the counties. New York state has entered into an agreement to settle a class action lawsuit that alleged deprivation of the right to counsel in five coun- ties. The agreement acknowledges that the Office of Indigent Legal Services and the Indigent Legal Services Board are authorized "to moni- tor and study indigent legal services in the state, to recommend meas- ures to improve those services, to award grant monies to counties to support their indigent representation capability, and to establish criteria for the distribution of such funds." While the settlement EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15873-01-6
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