assembly Bill A1903

2017-2018 Legislative Session

Requires state reimbursement to counties the full amount of expenditures for indigent legal services

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Jan 13, 2017 referred to codes

Co-Sponsors

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A1903 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
County Law
Laws Affected:
Amd §722-e, County L; amd §832, Exec L; amd §98-b, St Fin L
Versions Introduced in 2015-2016 Legislative Session:
A10706

A1903 (ACTIVE) - Summary

Requires state reimbursement to counties and cities in which a county is located of the full amount of expenditures for indigent legal services.

A1903 (ACTIVE) - Bill Text download pdf


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

                                  1903

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2017
                               ___________

Introduced  by M. of A. FAHY, LENTOL, AUBRY, McDONALD, STECK, GOTTFRIED,
  MAGNARELLI, CRESPO, SEPULVEDA, ARROYO, SIMOTAS, MAGEE, COLTON, CROUCH,
  MONTESANO, RAIA, ROSENTHAL, WOERNER, JENNE, BRINDISI, MOSLEY, PALMESA-
  NO, BRONSON, SKOUFIS,  BARCLAY,  BLANKENBUSH,  CAHILL,  STEC,  MURRAY,
  BARRETT,  PEOPLES-STOKES,  BUTLER,  LUPARDO,  LALOR, PICHARDO, RIVERA,
  STIRPE, WALKER, JAFFEE, O'DONNELL, FINCH, RAMOS, RYAN, HUNTER, DAVILA,
  GRAF, RODRIGUEZ, BRABENEC, OTIS, TITUS, PERRY, OAKS,  MAYER,  GUNTHER,
  ENGLEBRIGHT,  WEPRIN,  KEARNS,  ORTIZ,  RICHARDSON,  HYNDMAN,  ABBATE,
  BUCHWALD, ZEBROWSKI, SIMON,  SEAWRIGHT,  GLICK,  BLAKE,  COOK,  GALEF,
  GIGLIO,  HAWLEY, HEVESI, HIKIND, LIFTON, LOPEZ, SKARTADOS -- read once
  and referred to the Committee on Codes

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

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

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