Assembly Bill A8644

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8644
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT  to  amend  the education law, in relation to the New York state
   district attorney and indigent legal services attorney  loan  forgive-
   ness program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 2 of section 679-e of the educa-
 tion law, as amended by section 1 of part VV of chapter 56 of  the  laws
 of 2009, is amended to read as follows:
   b.  "Eligible  period"  means  the  [six-year] SEVEN-YEAR period after
 completion of the [third] SECOND year and before the commencement of the
 tenth year of employment as an eligible attorney. For purposes  of  this
 section,  all  periods  of  time  during  which an admitted attorney was
 employed as an eligible attorney and all periods of time during which  a
 law  school  graduate  awaiting  admission to the New York state bar was
 employed by a prosecuting [or] AGENCY, criminal defense  agency,  AND/OR
 NON-PROFIT  INDIGENT  CIVIL  LEGAL  SERVICES CORPORATION as permitted by
 section four hundred eighty-four of the judiciary law shall be combined.
   § 2. Paragraph d of subdivision 2 of section 679-e  of  the  education
 law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
 2009, is amended to read as follows:
   d. "Year of qualified service" means the twelve month period  measured
 from  the anniversary of the attorney's employment as an eligible attor-
 ney, or as a law school graduate awaiting  admission  to  the  New  York
 state  bar  employed  by  a  prosecuting  [or]  AGENCY, criminal defense
 agency, AND/OR NON-PROFIT INDIGENT CIVIL LEGAL SERVICES  CORPORATION  as
 permitted  by  section  four  hundred  eighty-four of the judiciary law,
 adjusted for any interruption in employment.  Any  period  of  temporary
 leave from service taken by an eligible attorney shall not be considered
 in  the  calculation of qualified service. However, the period of tempo-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13472-02-9

 A. 8644                             2
 
 rary leave shall be considered an interruption  in  employment  and  the
 calculation  of  the  time  period of qualified service shall recommence
 when the eligible attorney returns to full time service.
   §  3.  Paragraph  a of subdivision 3 of section 679-e of the education
 law, as amended by section 1 of part VV of chapter 56  of  the  laws  of
 2009, is amended to read as follows:
   a.  An  eligible  attorney  may  apply  for  reimbursement  after  the
 completion of each year  of  qualified  service  provided  however  that
 reimbursement to each eligible attorney shall not exceed [three thousand
 four  hundred]  FIVE THOUSAND FIVE HUNDRED dollars, per qualifying year,
 subject to appropriations available therefor. The president  may  estab-
 lish: (i) an application deadline and (ii) a method of selecting recipi-
 ents  if  in  any  given  year there are insufficient funds to cover the
 needs of all the applicants.  Awards shall be within the amounts  appro-
 priated for such purpose and based on availability of funds.
   §  4.  Paragraph  b of subdivision 3 of section 679-e of the education
 law, as amended by section 1 of part VV of chapter 56  of  the  laws  of
 2009, is amended to read as follows:
   b. An eligible attorney may apply after the completion of the [fourth]
 SECOND  year  of  qualified  service,  and annually thereafter after the
 completion of the [fifth] THIRD through ninth year of qualified service,
 and may seek a student loan expense grant for only the previous year  of
 qualified  service  within the time periods prescribed by the president.
 An eligible attorney may receive student loan expense grants for no more
 than [six] SEVEN years of qualified service within an eligible period.
   § 5. This act shall take effect April 1, 2020.  Nothing  in  this  act
 shall  be  implemented  in a manner that diminishes the current award or
 status of eligible attorneys currently participating in the program.