S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  240--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI, LUNSFORD, THIELE, STERN, COLTON,
   EPSTEIN,  SIMON,  LAVINE,  McMAHON,  STECK,  JACKSON,  SAYEGH,  CLARK,
   STIRPE,  TAPIA, GUNTHER, DINOWITZ, CRUZ, MEEKS, BRONSON, DAVILA, COOK,
   HEVESI, WALKER, JEAN-PIERRE, JONES, BARRETT, LUPARDO, KELLES,  SILLIT-
   TI,  LEVENBERG  -- read once and referred to the Committee on Ways and
   Means -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the county law and the judiciary 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 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
   (b)] for representation of a person in all [other] cases  governed  by
 this  article,  including  all  representation  in  an  appellate court,
 compensation at a rate of [seventy-five] ONE HUNDRED SIXTY-FOUR  dollars
 per  hour  for  time  expended  in  court  before a magistrate, judge or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00321-04-3
 A. 240--A                           2
 
 justice and [seventy-five] ONE HUNDRED SIXTY-FOUR dollars per  hour  for
 time  reasonably  expended out of court, and shall receive reimbursement
 for expenses reasonably incurred.
   2. [Except as provided in this section, compensation for time expended
 in providing representation:
   (a) pursuant to paragraph (a) of subdivision one of this section shall
 not exceed two thousand four hundred dollars; and
   (b) pursuant to paragraph (b) of subdivision one of this section shall
 not exceed four thousand four hundred dollars] HOURLY COMPENSATION TO BE
 RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE SUBJECT TO
 AN ANNUAL COST OF LIVING INCREASE AS GOVERNED BY THE UNITED STATES CRIM-
 INAL  JUSTICE  ACT AND ALL HOURLY RATES SHALL BE INCREASED AUTOMATICALLY
 EACH YEAR IN ACCORDANCE WITH ANY FEDERAL PAY  COMPARABILITY  ADJUSTMENT.
 SUCH  ADJUSTMENT SHALL BE EFFECTIVE ON APRIL FIRST IN THE SAME YEAR THAT
 THE COST OF LIVING ADJUSTMENT GOES INTO EFFECT FOR FEDERAL DEFENDERS.
   3. [For representation on an appeal,  compensation  and  reimbursement
 shall  be  fixed  by  the appellate court. For all other representation,
 compensation and reimbursement shall be fixed by the trial court  judge.
 In  extraordinary  circumstances  a trial or appellate court may provide
 for compensation in excess of the foregoing limits and  for  payment  of
 compensation and reimbursement for expenses before the completion of the
 representation.]  IN  EXTRAORDINARY  CIRCUMSTANCES  A TRIAL OR APPELLATE
 COURT MAY PROVIDE FOR COMPENSATION IN EXCESS  OF  THE  FOREGOING  LIMITS
 PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION AND FOR PAYMENT OF COMPEN-
 SATION AND REIMBURSEMENT FOR  EXPENSES  BEFORE  THE  COMPLETION  OF  THE
 REPRESENTATION.
   4. Each claim for compensation and reimbursement shall be supported by
 a  sworn  statement  specifying  the  time  expended, services rendered,
 expenses incurred and  reimbursement  or  compensation  applied  for  or
 received  in  the  same  case from any other source. No counsel assigned
 hereunder shall seek or accept any fee for representing  the  party  for
 whom  he  or  she  is  assigned  without approval of the court as herein
 provided.
   § 2. Section 722-e of the county law, as amended by section 11 of part
 VVV of chapter 59 of the laws of 2017, is amended to read as follows:
   § 722-e. Expenses. 1. All expenses for providing counsel and  services
 other  than counsel hereunder shall be a county charge or in the case of
 a county wholly located within a city a city charge to be paid out of an
 appropriation for such purposes. Provided, however, that any such  addi-
 tional  expenses incurred for the provision of counsel and services as a
 result of the implementation of a plan established pursuant to  subdivi-
 sion  four  of  section  eight  hundred thirty-two of the executive law,
 including any interim steps taken to implement such plan, shall be reim-
 bursed by the state to the county or city providing such services.  Such
 plans shall be submitted by the office of indigent legal services to the
 director of the division of budget for review and  approval.    However,
 the  director's approval shall be limited solely to the plan's projected
 fiscal impact of the required appropriation for  the  implementation  of
 such  plan,  and his or her approval shall not be unreasonably withheld.
 The  state  shall  appropriate  funds  sufficient  to  provide  for  the
 reimbursement  required  by this section; PROVIDED FURTHER THAT COUNTIES
 HAVE NO AUTHORITY TO WITHHOLD PAYMENTS APPROVED BY THE  APPELLATE  COURT
 OR TRIAL COURT JUDGE.
   2.  ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT TO SUBDI-
 VISION ONE OF SECTION SEVEN HUNDRED  TWENTY-TWO-B  OF  THIS  ARTICLE  IN
 EXCESS  OF  SEVENTY-FIVE  DOLLARS  PER  HOUR  AND  IN PARAGRAPH THREE OF
 A. 240--A                           3
 
 SECTION SEVEN HUNDRED TWENTY-TWO-B IN EXCESS OF SEVENTY-FIVE DOLLARS PER
 HOUR SHALL BE FUNDED BY THE STATE.
   §  3.  Subdivision 3 of section 35 of the judiciary law, as amended by
 section 5 of part J of chapter 62 of the laws of  2003,  is  amended  to
 read as follows:
   3.  No  counsel assigned pursuant to this section shall seek or accept
 any fee for representing the person for whom he or she is assigned with-
 out approval of the court as herein provided. Whenever it  appears  that
 such  person  is  financially  able  to  obtain  counsel or make partial
 payment for the representation, counsel may  report  this  fact  to  the
 court  and  the court may terminate the assignment or authorize payment,
 as the interests of  justice  may  dictate,  to  such  counsel.  Counsel
 assigned hereunder shall at the conclusion of the representation receive
 compensation  at a rate of [seventy-five] ONE HUNDRED SIXTY-FOUR dollars
 per hour for time expended in  court,  and  [seventy-five]  ONE  HUNDRED
 SIXTY-FOUR  dollars  per hour for time reasonably expended out of court,
 and shall receive reimbursement for expenses reasonably  incurred.  [For
 representation  upon  a hearing, compensation and reimbursement shall be
 fixed by the court wherein the hearing was held  and  such  compensation
 shall  not exceed four thousand four hundred dollars. For representation
 in an appellate court, compensation and reimbursement shall be fixed  by
 such  court  and  such  compensation shall not exceed four thousand four
 hundred dollars.]In extraordinary circumstances the  court  may  provide
 for compensation in excess of the foregoing limits.
   §  4.  Section  35  of  the judiciary law is amended by adding two new
 subdivisions 9 and 10 to read as follows:
   9. HOURLY COMPENSATION TO BE RECEIVED PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION SHALL BE SUBJECT TO AN ANNUAL COST OF  LIVING  INCREASE  AS
 GOVERNED  BY THE UNITED STATES CRIMINAL JUSTICE ACT AND ALL HOURLY RATES
 SHALL BE INCREASED AUTOMATICALLY EACH YEAR IN ACCORDANCE WITH ANY FEDER-
 AL PAY COMPARABILITY ADJUSTMENT.  SUCH ADJUSTMENT SHALL BE EFFECTIVE  ON
 APRIL  FIRST  IN  THE  SAME YEAR THAT THE COST OF LIVING ADJUSTMENT GOES
 INTO EFFECT FOR FEDERAL DEFENDERS.
   10. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION SHALL BE FUNDED BY THE STATE.
   § 5. This act shall take effect April 1, 2023. Effective  immediately,
 the  addition, amendment, and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.