Senate Bill S4032B

2017-2018 Legislative Session

Relates to caseload relief

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2017-S4032 - Details

Current Committee:
Senate Local Government
Law Section:
Executive Law
Laws Affected:
Amd §832, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7481
2019-2020: S2559
2021-2022: S3356
2023-2024: S1238

2017-S4032 - Summary

Relates to requiring limits on the number of cases a public defender may be assigned in any given year.

2017-S4032 - Sponsor Memo

2017-S4032 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4032
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by  Sens.  BAILEY,  COMRIE,  HAMILTON,  MONTGOMERY,  PARKER,
   PERKINS, PERSAUD -- read twice and ordered printed, and  when  printed
   to be committed to the Committee on Local Government
 
 AN  ACT to amend the county law, the executive law and the state finance
   law, in relation to requiring limits on the number of cases  a  public
   defender may be assigned in any given year
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and declaration.  In GIDEON  V.  WAIN-
 WRIGHT,  372  U.S.  335 (1963) the United States Supreme Court held that
 the 6th amendment right to counsel required  states  to  assign  defense
 attorneys  to defendants charged with serious offenses and who could not
 afford counsel. This constitutional rule was  subsequently  extended  to
 require  states  to provide counsel to cases where a criminal conviction
 could lead to imprisonment. In Gideon, the court held that  the  assign-
 ment of counsel was essential to having a fair trial and was a constitu-
 tional right of the accused which states could not violate.
   In  2005,  Judith  Kaye,  Chief  Judge  of the New York State Court of
 Appeals, was appointed to head a state  commission  to  review  indigent
 criminal  defense  in the state of New York. In 2006, The New York State
 Commission on the Future of Indigent  Defense  Representation  concluded
 that  "{t}he  indigent defense system in New York State is both severely
 dysfunctional and structurally incapable of providing each poor  defend-
 ant with the effective legal representation that he or she is guaranteed
 by  the  Constitution of the United States and the Constitution and laws
 of the State of New York." The commission also affirmed that the  exces-
 sive  number  of  cases  assigned to public defenders caused irreparable
 harm to representation.
   In 2009, the New York state legislature passed and  Governor  Paterson
 signed  into  law  "case  caps"  for  public defenders in New York City.
 Through the Office of Court Administration, the legislature supplemented
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S4032A - Details

Current Committee:
Senate Local Government
Law Section:
Executive Law
Laws Affected:
Amd §832, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7481
2019-2020: S2559
2021-2022: S3356
2023-2024: S1238

2017-S4032A - Summary

Relates to requiring limits on the number of cases a public defender may be assigned in any given year.

2017-S4032A - Sponsor Memo

2017-S4032A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4032--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by  Sens.  BAILEY,  COMRIE,  HAMILTON,  MONTGOMERY,  PARKER,
   PERSAUD -- read twice and ordered printed,  and  when  printed  to  be
   committed   to   the   Committee  on  Local  Government  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the county law, the executive law and the state  finance
   law,  in  relation to requiring limits on the number of cases a public
   defender may be assigned in any given year
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative findings and declaration.  In GIDEON V. WAIN-
 WRIGHT, 372 U.S. 335 (1963) the United States Supreme  Court  held  that
 the  6th  amendment  right  to counsel required states to assign defense
 attorneys to defendants charged with serious offenses and who could  not
 afford  counsel.  This  constitutional rule was subsequently extended to
 require states to provide counsel to cases where a  criminal  conviction
 could  lead  to imprisonment. In Gideon, the court held that the assign-
 ment of counsel was essential to having a fair trial and was a constitu-
 tional right of the accused which states could not violate.
   In 2005, Judith Kaye, Chief Judge of  the  New  York  State  Court  of
 Appeals,  was  appointed  to  head a state commission to review indigent
 criminal defense in the state of New York. In 2006, The New  York  State
 Commission  on  the  Future of Indigent Defense Representation concluded
 that "{t}he indigent defense system in New York State is  both  severely
 dysfunctional  and structurally incapable of providing each poor defend-
 ant with the effective legal representation that he or she is guaranteed
 by the Constitution of the United States and the Constitution  and  laws
 of  the State of New York." The commission also affirmed that the exces-
 sive number of cases assigned to  public  defenders  caused  irreparable
 harm to representation.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03923-02-7
              

co-Sponsors

2017-S4032B (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
Executive Law
Laws Affected:
Amd §832, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7481
2019-2020: S2559
2021-2022: S3356
2023-2024: S1238

2017-S4032B (ACTIVE) - Summary

Relates to requiring limits on the number of cases a public defender may be assigned in any given year.

2017-S4032B (ACTIVE) - Sponsor Memo

2017-S4032B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4032--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by  Sens.  BAILEY,  COMRIE,  HAMILTON,  MONTGOMERY,  PARKER,
   PERSAUD -- read twice and ordered printed,  and  when  printed  to  be
   committed   to   the   Committee  on  Local  Government  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to caseload relief
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (b) of subdivision 4 of section 832 of the exec-
 utive law, as added by section 12 of part VVV of chapter 59 of the  laws
 of 2017, is amended to read as follows:
   (b)  Caseload relief. Develop and implement a written plan that estab-
 lishes  numerical  caseload/workload  standards  for  each  provider  of
 constitutionally  mandated  publicly  funded  representation in criminal
 cases for people who are unable to afford counsel, PROVIDED THAT  ANNUAL
 INDIVIDUAL  NUMERICAL  CASELOAD/WORKLOAD  STANDARDS MAY NOT EXCEED THREE
 HUNDRED SIXTY-SEVEN MISDEMEANORS OR ONE HUNDRED  THIRTY-EIGHT  FELONIES,
 WITH  EACH  FELONY COUNTING AS TWO AND SIXTY-SIX HUNDREDTHS MISDEMEANORS
 IN MIXED CASELOADS.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03923-03-7



              

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