Bill Text: NY S05421 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the representation of defendants when a conflict arises with the public defender's office.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-06-12 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S05421 Detail]
Download: New_York-2011-S05421-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5421
2011-2012 Regular Sessions
I N S E N A T E
May 19, 2011
___________
Introduced by Sen. SALAND -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the county law, in relation to conflict defense services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 and paragraph (a) of subdivision 3 of section
2 722 of the county law, subdivision 2 as amended by chapter 682 of the
3 laws of 1977, paragraph (a) of subdivision 3 as amended by section 3 of
4 part E of chapter 56 of the laws of 2010, are amended to read as
5 follows:
6 2. In criminal proceedings, representation by counsel furnished by a
7 private legal aid bureau or society, OR OTHER PROVIDER designated by the
8 county or city, organized and operating to give legal assistance and
9 representation to persons charged with a crime within the city or county
10 who are financially unable to obtain counsel. In proceedings under the
11 family court act, representation by a private legal aid bureau or socie-
12 ty, or by any corporation, voluntary association, or organization
13 permitted to practice law under the authority of subdivision five of
14 section four hundred ninety-five of the judiciary law. NOTWITHSTANDING
15 ANY OTHER PROVISION OF THIS ARTICLE, REPRESENTATION IN ALL CRIMINAL
16 CONFLICT CASES SHALL BE FURNISHED BY PRIVATE COUNSEL DULY CERTIFIED AS
17 QUALIFIED IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
18 SECTION EXCEPT IN ANY COUNTY OPERATING AN OFFICE OF CONFLICT DEFENDER AS
19 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION. IN ANY
20 MULTIPLE DEFENDANT CASE REPRESENTATION TO ONE DEFENDANT SHALL BE
21 FURNISHED BY ONE LEGAL AID BUREAU OR SOCIETY, OR ONE OTHER PROVIDER
22 DESIGNATED TO THE COUNTY OR CITY, ORGANIZED AND OPERATING TO GIVE LEGAL
23 ASSISTANCE AND REPRESENTATION TO PERSONS CHARGED WITH A CRIME WITHIN THE
24 CITY OR COUNTY WHO ARE FINANCIALLY UNABLE TO OBTAIN COUNSEL; ALL OTHER
25 DEFENDANTS IN THE SAME CASE SHALL BE CONSIDERED CONFLICT CASES AND
26 REPRESENTATION SHALL BE PROVIDED BY PRIVATE COUNSEL DULY CERTIFIED AS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10147-01-1
S. 5421 2
1 QUALIFIED IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
2 SECTION EXCEPT IN ANY COUNTY OPERATING AN OFFICE OF CONFLICT DEFENDER AS
3 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
4 (a) Representation by counsel furnished pursuant to either or both of
5 the following: a plan of a bar association in each county or A BAR ASSO-
6 CIATION OF the city in which a county is wholly contained whereby: (i)
7 the services of private counsel are rotated and coordinated by an admin-
8 istrator, and such administrator may be compensated for such service; or
9 (ii) such representation is provided by an office of conflict defender.
10 S 2. This act shall take effect immediately.
