Requires the hourly compensation and reimbursement rate for representation to be subject to an annual cost of living increase as governed by the United States Criminal Justice Act; provides that all hourly rates shall be increased automatically each year in accordance with any federal pay comparability adjustment.
S T A T E O F N E W Y O R K
________________________________________________________________________
2682
2025-2026 Regular Sessions
I N A S S E M B L Y
January 22, 2025
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Judiciary
AN ACT to amend the county law and the judiciary law, in relation to
hourly compensation and reimbursement for representation; and to
repeal certain provisions of the county law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 722-b of the county law is
REPEALED and a new subdivision 2 is added to read as follows:
2. 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 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.
§ 2. 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.
§ 3. This act shall take effect April 1, 2026. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03749-02-5
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.