Assembly Actions -
Senate Actions - UPPERCASE
|Jan 15, 2020||
referred to finance
Senate Bill S7261
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Finance Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S7261 (ACTIVE) - Details
2019-S7261 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7261 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the executive law, in relation to establishing the right to legal counsel in immigration court proceedings and providing for the administration thereof PURPOSE OF BILL: The Access to Representation Act would: (1) establish a universal right to counsel for indigent New Yorkers who are subject to removal proceedings under federal immigration law, as well as related proceedings such as efforts to obtain special findings orders or certif- ications of helpfulness in state court; (2) appoint the Director of the New York State Office for New Americans as the administrator in charge of effectuating this right, and empowering the administrator to promul- gate rules, policies, and procedures as needed; (3) monitor and improve the legal services provided to covered individuals and submit an annual report to state officials summarizing its activities; (4) require that New York State appropriate the sums necessary to effectuate the right to
2019-S7261 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7261 I N S E N A T E January 15, 2020 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to establishing the right to legal counsel in immigration court proceedings and providing for the administration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as "the access to representation act". § 2. The executive law is amended by adding a new section 94-c to read as follows: § 94-C. RIGHT TO COUNSEL IN IMMIGRATION COURT PROCEEDINGS. 1. DEFI- NITIONS. AS USED IN THIS SECTION: (A) "ADMINISTRATOR" MEANS THE DIRECTOR OF THE NEW YORK STATE OFFICE FOR NEW AMERICANS. (B) "COVERED INDIVIDUAL" MEANS ANY INCOME-ELIGIBLE INDIVIDUAL SUBJECT TO REMOVAL PURSUANT TO 8 U.S.C. § 1229A OR 8 U.S.C. § 1225 AND THEIR IMPLEMENTING REGULATIONS, OR A FINAL ORDER OF REMOVAL UNDER 8 C.F.R. § 1241.1, REGARDLESS OF AGE, IN A COVERED PROCEEDING WHO IS: (I) A NEW YORK STATE DOMICILIARY WHO IS A NON-UNITED STATES CITIZEN; (II) A NEW YORK STATE DOMICILIARY WHO IS A UNITED STATES CITIZEN OR WHOSE UNITED STATES CITIZENSHIP IS IN DISPUTE; OR (III) AN INDIVIDUAL WHO IS NOT A NEW YORK STATE DOMICILIARY IF SUCH NON-DOMICILIARY AND THEIR PROCEEDINGS HAVE A SIGNIFICANT NEXUS TO NEW YORK STATE SUCH THAT THEY SHOULD BE PROVIDED RELIEF UNDER THIS STATUTE, AS DETERMINED BY THE ADMINISTRATOR OR DESIGNEE OF THE ADMINISTRATOR ON A CASE-BY-CASE BASIS. (C) "COVERED PROCEEDING" MEANS ANY PROCEEDING IN A COVERED VENUE IN WHICH A COVERED INDIVIDUAL IS SEEKING AN AVENUE OF RELIEF FROM REMOVAL FROM THE UNITED STATES, OR IS CHALLENGING HIS OR HER ARREST OR DETENTION UNDER THE IMMIGRATION AND NATIONALITY ACT ("INA"), AS AMENDED, AND ITS IMPLEMENTING REGULATIONS. A COVERED PROCEEDING INCLUDES, IF APPLICABLE, A PROCEEDING OR HEARING IN IMMIGRATION COURT; A PROCEEDING IN NEW YORK STATE FAMILY COURT FOR PURPOSES OF OBTAINING A SPECIAL FINDINGS ORDER; A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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