Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 15, 2021 |
signed chap.616 |
Nov 03, 2021 |
delivered to governor |
Jun 03, 2021 |
returned to assembly passed senate 3rd reading cal.1437 substituted for s1279 |
Apr 26, 2021 |
referred to finance delivered to senate passed assembly |
Apr 22, 2021 |
advanced to third reading cal.227 |
Apr 19, 2021 |
reported |
Feb 23, 2021 |
referred to codes |
Assembly Bill A5689
Signed By Governor2021-2022 Legislative Session
Sponsored By
CRUZ
Archive: Last Bill Status - 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
Dan Quart
Karines Reyes
Linda Rosenthal
2021-A5689 (ACTIVE) - Details
- See Senate Version of this Bill:
- S1279
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §380.55, CP L
2021-A5689 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5689 2021-2022 Regular Sessions I N A S S E M B L Y February 23, 2021 ___________ Introduced by M. of A. CRUZ -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to streamlining the assignment of appellate counsel for indigent criminal defendants THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 380.55 of the criminal procedure law, as added by chapter 459 of the laws of 2016, is amended to read as follows: § 380.55 Application for poor person relief on appeal. 1. Where counsel has been assigned to represent a defendant [at trial] IN A CRIMINAL ACTION on the ground that the defendant is financially unable to retain counsel, the court may in its discretion at the time of sentencing entertain an application to grant the defendant poor person relief on appeal. As part of an application for such relief, assigned counsel must represent that the defendant continues to be eligible for assignment of counsel and that granting the application will expedite the appeal. If the court grants the application, it shall file a written order and shall provide a copy of the order to the appropriate appellate court. The denial of an application shall not preclude the defendant from making a de novo application for poor person relief to the appro- priate appellate court. 2. WHERE COUNSEL HAS BEEN ASSIGNED TO REPRESENT A DEFENDANT IN A CRIM- INAL ACTION ON THE GROUND THAT THE DEFENDANT IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THE APPELLATE COURT SHALL PRESUME THE DEFENDANT ELIGIBLE FOR ASSIGNMENT OF COUNSEL ON APPEAL WITHOUT FURTHER PROOF OF ELIGIBIL- ITY, AND, THEREBY, ISSUE AN ORDER ASSIGNING SUCH COUNSEL, IF COUNSEL PROVIDES A SWORN REPRESENTATION THAT THE DEFENDANT CONTINUES TO BE ELIGIBLE FOR ASSIGNMENT OF COUNSEL. § 2. This act shall take effect on the sixtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02759-01-1
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