Assembly Bill A1602

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1602
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by M. of A. SIMON, EPSTEIN, DINOWITZ, MAGNARELLI, TANNOUSIS,
   McDONOUGH, JACKSON,  CRUZ,  KELLES,  STIRPE,  WALKER,  FORREST,  RAGA,
   SEAWRIGHT,   SHIMSKY,  JACOBSON,  HEVESI,  LUNSFORD,  ALVAREZ,  REYES,
   R. CARROLL, GONZALEZ-ROJAS, SHRESTHA,  KIM,  SIMPSON,  MEEKS,  SIMONE,
   CLARK,  DAVILA, MAMDANI, BURDICK, RAJKUMAR, LEVENBERG -- read once and
   referred to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  the  New  York  state
   district  attorney  and indigent legal services attorney loan forgive-
   ness program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraph  b  of  subdivision 2 of section 679-e of the
 education law, as amended by section 1 of part VV of chapter 56  of  the
 laws of 2009, is amended to read as follows:
   b.  "Eligible  period"  means  the  [six-year] EIGHT-YEAR period after
 completion of the [third] SECOND year and before the commencement of the
 [tenth] ELEVENTH  year  of  employment  as  an  eligible  attorney.  For
 purposes  of  this section, all periods of time during which an admitted
 attorney was employed as an eligible attorney and all  periods  of  time
 during  which  a  law school graduate awaiting admission to the New York
 state bar was employed by a prosecuting [or]  AGENCY,  criminal  defense
 agency,  OR  NON-PROFIT  INDIGENT  CIVIL  LEGAL  SERVICES CORPORATION as
 permitted by section four hundred eighty-four of the judiciary law shall
 be combined.
   § 2. Paragraph d of subdivision 2 of section 679-e  of  the  education
 law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
 2009, is amended to read as follows:
   d. "Year of qualified service" means the twelve month period  measured
 from  the anniversary of the attorney's employment as an eligible attor-
 ney, or as a law school graduate awaiting  admission  to  the  New  York
 state  bar  employed  by  a  prosecuting  [or]  AGENCY, criminal defense
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00120-01-5
              

 A. 1602                             2
 
 agency, OR NON-PROFIT  INDIGENT  CIVIL  LEGAL  SERVICES  CORPORATION  as
 permitted  by  section  four  hundred  eighty-four of the judiciary law,
 adjusted for any interruption in employment.   VACATION  OR  LEAVE  TIME
 PROVIDED BY THE EMPLOYER OR LEAVE TAKEN FOR A CONDITION THAT IS A QUALI-
 FYING  REASON  FOR LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993,
 29 U.S.C. 2612(A)(1) AND (3) SHALL NOT BE CONSIDERED AN INTERRUPTION  IN
 QUALIFYING  EMPLOYMENT.  Any  period  of  [temporary leave from service]
 INTERRUPTION IN QUALIFYING EMPLOYMENT  taken  by  an  eligible  attorney
 shall  not be considered in the calculation of qualified service. Howev-
 er, the period of [temporary leave shall be considered an]  interruption
 in QUALIFYING employment and the calculation of the time period of qual-
 ified  service  shall  recommence  when the eligible attorney returns to
 [full time] service.
   § 3. Paragraph a of subdivision 3 of section 679-e  of  the  education
 law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
 2009, is amended to read as follows:
   a.  An  eligible  attorney  may  apply  for  reimbursement  after  the
 completion  of  each  year  of  qualified  service provided however that
 reimbursement to each eligible attorney shall not exceed [three thousand
 four hundred] EIGHT THOUSAND dollars, per qualifying  year,  subject  to
 appropriations  available  therefor. The president may establish: (i) an
 application deadline and (ii) a method of selecting recipients if in any
 given year there are insufficient funds to cover the needs  of  all  the
 applicants.    Awards  shall be within the amounts appropriated for such
 purpose and based on availability of funds.
   § 4. Paragraph b of subdivision 3 of section 679-e  of  the  education
 law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
 2009, is amended to read as follows:
   b. An eligible attorney may apply after the completion of the [fourth]
 SECOND year of qualified service,  and  annually  thereafter  after  the
 completion  of the [fifth] THIRD through [ninth] ELEVENTH year of quali-
 fied service, and may seek a student loan expense  grant  for  only  the
 previous year of qualified service within the time periods prescribed by
 the  president.  An  eligible  attorney may receive student loan expense
 grants for no more than [six] EIGHT years of qualified service within an
 eligible period.
   § 5. This act shall take effect April 1, 2026.  Nothing  in  this  act
 shall  be  implemented  in a manner that diminishes the current award or
 status of eligible attorneys currently participating in the program.