New York State Assembly

 
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A05689 Summary:

A05689 Actions:

A05689 Committee Votes:

Committee:CODES   Chair:Dinowitz      
DATE:04/19/2021AYE/NAY:22/0  Action: Favorable         
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Aye
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

A05689 Floor Votes:

A05689 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A5689
 
SPONSOR: Cruz

 
TITLE OF BILL:
 
An act to amend the criminal procedure law, in relation to streamlining
the assignment of appellate counsel for indigent criminal defendants
 
 
PURPOSE OF BILL:
 
The purpose of the Act is to provide a defendant with a continued poor
person relief when appealing their case. Currently, section 380.55
requires a defendant to apply for poor person relief, regardless of
their previous eligible status at trial. Additionally, the proposed bill
will also expand this right to any eligible defendant in a criminal
action, rather than a trial.

 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section (1) amends C21, 380.55 by replacing the phrase "at trial"
with"in a criminal action" to broaden the applicability of section
380.55. An additional provision has been added that allows a defendant
to retain poor person relief by a counsel's sworn testimony, rather than
repeating the application process where no or little change in income
has occurred.
 
Section (2) provides that this act will take effect sixteen days after
becoming law.
 
 
JUSTIFICATION:
 
The purpose of the proposed amendment is to further the legislative
intent of section 380.55. As the law is currently written, courts have
applied their powers of discretion over these matters in an inconsistent
manner. This inconsistency has forced otherwise eligible defendants to
continue with the application process, which may confuse the defendant
and ultimately reduce judicial efficiency.Additionally, this process of
continued poor person relief for an appeal is used in other areas of the
law, such as in Family Court and civil court matters. By having their
counsel provide a sworn statement that the defendant is still eligible,
this process can be expedited and provide the defendant with continued
legal assistance for the purpose of an appeal. Given the numerous other
challenges a potential defendant may face, providing expedited and effi-
cient methods of obtaining counsel for an appellate review would benefit
both the individual and the court system.
 
 
PRIOR LEGISLATIVE HISTORY:
 
This is a new bill.
 
 
FISCAL IMPLICATIONS:
 
To be determined.
 
 
EFFECTIVE DATE:
This act shall take effect sixteen days after it shall have become law.

A05689 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5689
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2021
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the criminal procedure law, in relation to  streamlining
          the assignment of appellate counsel for indigent criminal defendants
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 380.55 of the criminal procedure law, as  added  by
     2  chapter 459 of the laws of 2016, is amended to read as follows:
     3  § 380.55 Application for poor person relief on appeal.
     4    1. Where counsel has been assigned to represent a defendant [at trial]
     5  in  a  criminal  action  on the ground that the defendant is financially
     6  unable to retain counsel, the court may in its discretion at the time of
     7  sentencing entertain an application to grant the defendant  poor  person
     8  relief  on  appeal.  As part of an application for such relief, assigned
     9  counsel must represent that the defendant continues to be  eligible  for
    10  assignment  of  counsel  and that granting the application will expedite
    11  the appeal. If the court grants the application, it shall file a written
    12  order and shall provide a copy of the order to the appropriate appellate
    13  court. The denial of an application shall  not  preclude  the  defendant
    14  from  making  a de novo application for poor person relief to the appro-
    15  priate appellate court.
    16    2. Where counsel has been assigned to represent a defendant in a crim-
    17  inal action on the ground that the defendant is  financially  unable  to
    18  retain counsel, the appellate court shall presume the defendant eligible
    19  for  assignment  of counsel on appeal without further proof of eligibil-
    20  ity, and, thereby, issue an order assigning  such  counsel,  if  counsel
    21  provides  a  sworn  representation  that  the  defendant continues to be
    22  eligible for assignment of counsel.
    23    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    24  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02759-01-1

A05689 LFIN:

 
NO LFIN

A05689 Chamber Video/Transcript: