senate Bill S6004

2019-2020 Legislative Session

Relates to the compensation an attorney shall be entitled to for client representation through the bar association

download bill text pdf

Sponsored By

Current 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2019 print number 6004a
Jun 13, 2019 amend (t) and recommit to local government
May 16, 2019 referred to local government

S6004 - Details

Current Committee:
Senate Local Government
Law Section:
County Law
Laws Affected:
Amd §722-b, County L

S6004 - Summary

Provides the amount of compensation an attorney shall receive from representing a client which was assigned to the attorney through the bar association.

S6004 - Sponsor Memo

S6004 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6004

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 16, 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 the  hourly  compensation
  rate for assigned counsel

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 722-b of the county law, as amended by section 2 of
part J of chapter 62 of the laws of 2003, is amended to read as follows:
  § 722-b. Compensation and reimbursement  for  representation.  1.  All
counsel assigned in accordance with a plan of a bar association conform-
ing  to  the  requirements  of  section seven hundred twenty-two of this
article whereby the services of private counsel are rotated and  coordi-
nated  by an administrator shall at the conclusion of the representation
receive:
  (a) [for representation of a person entitled to representation by  law
who  is  initially  charged  with a misdemeanor or lesser offense and no
felony, compensation for such misdemeanor or  lesser  offense  represen-
tation at a rate of sixty dollars per hour for time expended in court or
before  a  magistrate,  judge or justice, and sixty dollars per hour for
time reasonably expended out of court, and shall  receive  reimbursement
for  expenses  reasonably incurred; and]  AN HOURLY RATE OF COMPENSATION
TO BE SET BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE DIVISION  OF
CRIMINAL  JUSTICE  SERVICES  SHALL  REVIEW  THE ASSIGNED COUNSEL RATE OF
COMPENSATION ON AN ANNUAL BASIS AND MUST CONSIDER THE FOLLOWING CRITERIA
IN THE ANNUAL RATE SETTING PROCESS: (I) FOR REPRESENTATION OF  A  PERSON
ENTITLED TO REPRESENTATION BY LAW WHO IS INITIALLY CHARGED WITH A MISDE-
MEANOR OR LESSER OFFENSE AND NO FELONY, THE HOURLY COMPENSATION FOR SUCH
MISDEMEANOR  OR  LESSER OFFENSE REPRESENTATION SHALL BE SET AT A RATE NO
LESS THAN SIXTY PERCENT OF THE HOURLY RATE OF  PAY  FOR  FEDERAL  PUBLIC
DEFENDERS FOR THE APPLICABLE FISCAL YEAR; AND (II) FOR REPRESENTATION OF
A  PERSON  IN  ALL  OTHER  CASES GOVERNED BY THIS ARTICLE, INCLUDING ALL

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

S6004A (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
County Law
Laws Affected:
Amd §722-b, County L

S6004A (ACTIVE) - Summary

Provides the amount of compensation an attorney shall receive from representing a client which was assigned to the attorney through the bar association.

S6004A (ACTIVE) - Sponsor Memo

S6004A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6004--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 16, 2019
                               ___________

Introduced  by  Sen.  BAILEY -- 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, in relation to entitled compensation for
  client representation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 722-b of the county law, as amended by section 2 of
part J of chapter 62 of the laws of 2003, is amended to read as follows:
  §  722-b.  Compensation  and  reimbursement for representation. 1. All
counsel assigned in accordance with a plan of a bar association conform-
ing to the requirements of section  seven  hundred  twenty-two  of  this
article  whereby the services of private counsel are rotated and coordi-
nated by an administrator shall at the conclusion of the  representation
receive:
  (a)  for  representation of a person entitled to representation by law
who is initially charged with a misdemeanor or  lesser  offense  and  no
felony,  compensation  for  such misdemeanor or lesser offense represen-
tation at a rate of [sixty] ONE HUNDRED TWENTY dollars per hour for time
expended in court or before a magistrate, judge or justice, and  [sixty]
ONE  HUNDRED TWENTY dollars per hour for time reasonably expended out of
court, and shall receive reimbursement for expenses reasonably incurred;
and
  (b) for representation of a person in all other cases governed by this
article, including all representation in  an  appellate  court,  compen-
sation  at  a  rate of [seventy-five] ONE HUNDRED FIFTY dollars per hour
for time expended in court before a magistrate,  judge  or  justice  and
[seventy-five]  ONE  HUNDRED  FIFTY dollars per hour for time reasonably
expended out of court, and  shall  receive  reimbursement  for  expenses
reasonably incurred.

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

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