Assembly Bill A3482

2023-2024 Legislative Session

Establishes New York state public defense commission and provides for its powers and duties, including local fiscal relief for public defense expenses

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Current Bill Status - In Assembly Committee


  • 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

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2023-A3482 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
County Law
Laws Affected:
Amd §§719, 720, 722-c, 722-e & 722-f, County L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2496
2011-2012: A2749
2013-2014: A3616
2015-2016: A2874
2017-2018: A3867
2019-2020: A3864
2021-2022: A3459

2023-A3482 (ACTIVE) - Summary

Establishes the New York state public defense commission to oversee the provision of public defense services in the state; such commission shall establish public defense services standards, provide financial assistance to local governments and public defense providers for expenses incurred in providing legal services to the indigent, provide training to persons in the public defense profession and oversee the provision of public defense services in the state.

2023-A3482 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3482
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT establishing  the  New  York  state  public  defense  commission,
   providing  for  the  members, powers and duties thereof, and providing
   fiscal relief to localities; and to amend the county law, in  relation
   to public defense services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and declaration. The legislature finds
 and declares that in  certain  proceedings  the  state  is  required  to
 provide  high  quality legal assistance to persons otherwise financially
 unable to obtain counsel and/or afford the necessary expenses of  repre-
 sentation.  Providing  public  defense  services  to  those  who face an
 economic barrier to obtaining legal counsel serves the ends  of  justice
 in  accordance with rights and privileges guaranteed by the constitution
 of the state of New York and the constitution of the  United  States  of
 America.  The  availability  of  high  quality  public  defense services
 affirms the faith of our citizens in our government of laws.
   The legislature further finds that the  present  system  of  requiring
 localities  to  provide public defense services with little state finan-
 cial assistance and no state oversight does  not  and  cannot  meet  the
 foregoing  objectives.  The existing statutory limit on fees for counsel
 assigned to provide public defense services has resulted in  a  shortage
 of  qualified  lawyers  to  provide defense services, thereby denying or
 delaying the representation to which public defense  clients  are  enti-
 tled.  The  present  system  has  caused court congestion and delay, and
 eroded public trust and confidence in the legal system.
   The legislature further finds that localities are struggling to  carry
 the increasing burden of fulfilling the state mandate to provide defense
 services,  and  cannot  bear  alone the cost of raising assigned counsel

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08196-01-3
 A. 3482                             2
              

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