Bill Text: NY A01244 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the qualifications for holding the offices of assistant district attorney and assistant public defender in the county of Chenango; allows assistant district attorneys and assistant public defenders in Chenango county to reside in Chenango county or an adjoining county.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2019-09-13 - SIGNED CHAP.292 [A01244 Detail]

Download: New_York-2019-A01244-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1244
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M.  of  A. CROUCH, D'URSO, FINCH, LAWRENCE, MONTESANO --
          read once and referred to the Committee on Governmental Operations
        AN ACT to amend the public officers law, in relation to  the  qualifica-
          tions  for  holding  the  offices  of  assistant district attorney and
          assistant public defender in the county of Chenango
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 3 of the public officers law is amended by adding
     2  two new subdivisions 68 and 69 to read as follows:
     3    68. In the county of Chenango, the provisions of this section  requir-
     4  ing  a person to be a resident of the political subdivision or municipal
     5  corporation of the state for which he or she shall be chosen  or  within
     6  which  his or her official functions are required to be exercised, shall
     7  not prevent a person from  holding  the  office  of  assistant  district
     8  attorney of the county of Chenango, provided that such person resides in
     9  Chenango  county  or  an  adjoining county within the state of New York;
    10  provided, however that any person performing such functions  or  holding
    11  the office of assistant district attorney in any other county shall be a
    12  resident of such county unless otherwise provided by law. The provisions
    13  of  this subdivision shall not apply to any person holding the office of
    14  first assistant district attorney, the holder of which would assume  the
    15  duties  of  the  district  attorney upon the district attorney's absence
    16  from the county or upon the district attorney's inability to perform his
    17  or her duties.
    18    69. In the county of Chenango, the provisions of this section  requir-
    19  ing  a person to be a resident of the political subdivision or municipal
    20  corporation of the state for which he or she shall be chosen  or  within
    21  which  his or her official functions are required to be exercised, shall
    22  not prevent a person from holding the office of assistant public  defen-
    23  der  of  the  county  of  Chenango, provided that such person resides in
    24  Chenango county or an adjoining county within the  state  of  New  York;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02985-01-9
        A. 1244                             2
     1  provided,  however  that any person performing such functions or holding
     2  the office of assistant public defender in any other county shall  be  a
     3  resident of such county unless otherwise provided by law. The provisions
     4  of  this subdivision shall not apply to any person holding the office of
     5  first assistant public defender, the holder of which  would  assume  the
     6  duties  of  the  public defender upon the public defender's absence from
     7  the county or upon the public defender's inability to perform his or her
     8  duties.
     9    § 2. This act shall take effect immediately.