New York State Assembly

Bill No.:  

 
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S07246 Summary:

BILL NO	S07246
SAME AS	SAME AS A09522
SPONSOR	DEFRANCISCO
COSPNSR
MLTSPNSR
Add §380.55, CP L
Authorizes a sentencing court to consider an application for poor person relief on appeal.

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S07246 Actions:

BILL NO	S07246
04/11/2016	REFERRED TO CODES
06/08/2016	COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/08/2016	ORDERED TO THIRD READING CAL.1580
06/15/2016	SUBSTITUTED BY A9522
	A09522 AMEND= Richardson
	03/10/2016	referred to codes
	03/22/2016	reported
	03/24/2016	advanced to third reading cal.466
	03/28/2016	passed assembly
	03/28/2016	delivered to senate
	03/28/2016	REFERRED TO CODES
	06/15/2016	SUBSTITUTED FOR S7246
	06/15/2016	3RD READING CAL.1580
	06/15/2016	PASSED SENATE
	06/15/2016	RETURNED TO ASSEMBLY
	11/16/2016	delivered to governor
	11/25/2016	signed chap.459

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S07246 Committee Votes:

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S07246 Floor Votes:

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S07246 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7246
 
                    IN SENATE
 
                                     April 11, 2016
                                       ___________
 
        Introduced  by  Sen.  DeFRANCISCO  -- (at request of the Office of Court
          Administration) -- read twice and ordered printed, and when printed to
          be committed to the Committee on Codes
 
        AN ACT to amend the criminal procedure law, in relation  to  granting  a
          defendant poor person relief on appeal
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 380.55 to read as follows:
     3  § 380.55 Application for poor person relief on appeal.
     4    Where  counsel  has been assigned to represent a defendant at trial on
     5  the ground that the defendant is financially unable to  retain  counsel,
     6  the  court  may in its discretion at the time of sentencing entertain an
     7  application to grant the defendant poor person relief on appeal. As part
     8  of an application for such relief, assigned counsel must represent  that
     9  the  defendant  continues  to  be eligible for assignment of counsel and
    10  that granting the application will expedite the  appeal.  If  the  court
    11  grants  the application, it shall file a written order and shall provide
    12  a copy of the order to the appropriate appellate court. The denial of an
    13  application shall not preclude the  defendant  from  making  a  de  novo
    14  application for poor person relief to the appropriate appellate court.
    15    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13998-01-6

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