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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to local government
May 22, 2017 print number 4032b
May 22, 2017 amend (t) and recommit to local government
May 08, 2017 print number 4032a
May 08, 2017 amend and recommit to local government
Feb 02, 2017 referred to local government

Co-Sponsors

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

S4032 - Summary

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

S4032 - Sponsor Memo

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

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

S4032A - Summary

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

S4032A - Sponsor Memo

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

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

S4032B (ACTIVE) - Summary

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

S4032B (ACTIVE) - Sponsor Memo

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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