New York S 5272: Sets hourly rates for persons representing certain persons in court or before a magistrate

Bill Text

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S05272 Summary:

BILL NOS05272 

&nbsp

SAME ASNo Same As

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SPONSORBAILEY

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COSPNSR

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MLTSPNSR

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Amd §722-b, County L; amd §35, Judy L

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Sets hourly rates for persons representing certain persons in court or before a magistrate.

Go to top S05272 Actions:

BILL NOS05272 

&nbsp

02/20/2025REFERRED TO LOCAL GOVERNMENT

01/07/2026REFERRED TO LOCAL GOVERNMENT

Go to topS05272 Committee&nbspVotes:

Go to topS05272 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05272 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5272

 2025-2026 Regular Sessions

 IN SENATE

 February 20, 2025
 ___________

 Introduced by Sen. BAILEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government

 AN ACT to amend the county law and the judiciary law, in relation to
 setting hourly rates for persons representing certain persons in court
 or before a magistrate

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 722-b of the county law, as amended by section 1 of
 2 part GG of chapter 56 of the laws of 2023, is amended as follows:
 3 § 722-b. Compensation and reimbursement for representation. 1. All
 4 counsel assigned in accordance with a plan of a bar association conform-
 5 ing to the requirements of section seven hundred twenty-two of this
 6 article whereby the services of private counsel are rotated and coordi-
 7 nated by an administrator shall at the conclusion of the representation
 8 receive:
 9 (a) for representation of a person entitled to representation by law
 10 who is initially charged with a misdemeanor or lesser offense and no
 11 felony, compensation for such misdemeanor or lesser offense represen-
 12 tation at a rate of one hundred fifty-eight dollars per hour for time
 13 expended in court or before a magistrate, judge or justice, and one
 14 hundred fifty-eight dollars per hour for time reasonably expended out of
 15 court, and shall receive reimbursement for expenses reasonably incurred;
 16 and
 17 (b) for representation of a person in all other cases governed by this
 18 article, including all representation in an appellate court, compen-
 19 sation at a rate of one hundred [fifty-eight] sixty-four dollars per
 20 hour for time expended in court before a magistrate, judge or justice
 21 and one hundred [fifty-eight] sixty-four dollars per hour for time
 22 reasonably expended out of court, and shall receive reimbursement for
 23 expenses reasonably incurred.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10024-01-5

 S. 5272 2

 1 1-a. (a) The hourly rates set by paragraphs (a) and (b) of subdivision
 2 one of this section shall be adjusted annually, effective April first of
 3 each year, beginning in the year two thousand twenty-seven.
 4 (b) The hourly rate for representation established under paragraph (a)
 5 of subdivision one of this section shall be adjusted to equal no less
 6 than eighty percent of the hourly rate calculated under paragraph (c) of
 7 this subdivision, rounded to the nearest dollar.
 8 (c) The hourly rate for representation under paragraph (b) of subdivi-
 9 sion one of this section shall be adjusted annually to equal no less
 10 than the hourly rate paid to assigned counsel in non-capital cases in
 11 federal district court pursuant to 18 U.S.C. § 3006A and related laws
 12 and regulations for the calendar year two years prior.
 13 2. (a) Except as provided in subdivision three of this section,
 14 compensation for time expended in providing representation pursuant to
 15 subdivision one of this section shall not exceed ten thousand dollars,
 16 provided that such figure shall be adjusted annually, effective April
 17 first of each year, beginning in the year two thousand twenty-six.
 18 (b) For representation under paragraph (a) of subdivision one of this
 19 section, the case compensation maximum shall be adjusted annually to
 20 equal no less than eighty percent of the case compensation maximum
 21 calculated under paragraph (c) of this subdivision, rounded to the near-
 22 est dollar.
 23 (c) For representation under para