Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 08, 2019 |
signed chap.446 |
Oct 28, 2019 |
delivered to governor |
Jun 13, 2019 |
returned to assembly passed senate 3rd reading cal.1005 substituted for s3672 |
Jun 13, 2019 |
substituted by a748 |
May 30, 2019 |
ordered to third reading cal.1005 committee discharged and committed to rules |
Feb 12, 2019 |
referred to local government |
Senate Bill S3672
Signed By Governor2019-2020 Legislative Session
Sponsored By
(D) 36th Senate District
Archive: Last Bill Status Via A748 - Signed by Governor
- 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
Actions
Votes
co-Sponsors
(D, WF) 18th Senate District
2019-S3672 (ACTIVE) - Details
2019-S3672 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3672 SPONSOR: BAILEY TITLE OF BILL: An act to amend the county law, in relation to assignment of counsel PURPOSE OF GENERAL IDEA OF BILL: The bill enhances efficiency in appellate practice in criminal cases by expressly authorizing appellate counsel to prepare post-conviction motions, addressed to the trial court, as a part of such representation. SUMMARY OF SPECIFIC PROVISIONS: The bill amends section 722 of the County Law, which in criminal cases provides for appointed counsel on appeal for persons unable to afford representation. The bill references post-trial motions and provides that appellate counsel's representation may include the preparation and proceedings on such motions. When representation by the appointed appel- late attorney would be inappropriate, such as when ineffectiveness of
2019-S3672 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3672 2019-2020 Regular Sessions I N S E N A T E February 12, 2019 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the county law, in relation to assignment of counsel THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The closing paragraph of section 722 of the county law, as amended by chapter 453 of the laws of 1999, is amended to read as follows: Upon an appeal in a criminal action, and on any appeal described in section eleven hundred twenty of the family court act, article six-C of the correction law or section four hundred seven of the surrogate's court procedure act, wherein the party is financially unable to obtain counsel, the appellate court shall assign counsel furnished in accord- ance with the plan, conforming to the requirements of this section, which is in operation in the county or in the city in which a county is wholly contained wherein the judgment of conviction, disposition, or order of the trial court was entered; provided, however, that when such county or city has not placed in operation a plan conforming to that prescribed in subdivision three or four of this section and such appel- late court is satisfied that a conflict of interest prevents the assign- ment of counsel pursuant to the plan in operation, or when such county or city has not placed in operation any plan conforming to that prescribed in this section, such appellate court may assign any attorney in such county or city and, in such event, such attorney shall receive compensation and reimbursement from such county or city which shall be at the same rate as is prescribed in section seven hundred twenty-two-b of this chapter. ASSIGNMENT OF COUNSEL UPON AN APPEAL IN A CRIMINAL ACTION PURSUANT TO THIS SUBDIVISION, OR PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-FIVE OF THE JUDICIARY LAW, INCLUDES AUTHORIZATION FOR REPRESENTATION BY APPELLATE COUNSEL, OR AN ATTORNEY SELECTED AT THE REQUEST OF APPELLATE COUNSEL BY THE ADMINISTRATOR OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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