STATE OF NEW YORK
________________________________________________________________________
7796--A
2025-2026 Regular Sessions
IN SENATE
May 6, 2025
___________
Introduced by Sen. O'MARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public officers law, permitting Yates county assist-
ant district attorneys and assistant public defenders to reside in
Chemung county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 38 and 38-a of section 3 of the public offi-
2 cers law, subdivision 38 as added by chapter 456 of the laws of 1994 and
3 subdivision 38-a as added by chapter 436 of the laws of 1998, are
4 amended to read as follows:
5 38. In the county of Yates, the provisions of this section requiring a
6 person to be a resident of the political subdivision or municipal corpo-
7 ration of the state for which [he] such person shall be chosen or within
8 which [his] such person's official functions are required to be exer-
9 cised, shall not prevent a person from holding the office of assistant
10 district attorney of the county of Yates, other than the first assistant
11 district attorney, provided that such person resides in Yates county
12 [or], an adjoining county within the state of New York, or within
13 Chemung county.
14 38-a. In the county of Yates, the provisions of this section requiring
15 a person to be a resident of the political subdivision or municipal
16 corporation of the state for which [he or she] such person shall be
17 chosen or within which [his or her] such person's official functions are
18 required to be exercised, shall not prevent a person regularly admitted
19 to practice as an attorney or counselor in the courts of record of this
20 state from holding the office of assistant public defender of the county
21 of Yates, provided that such person resides in the county of Yates [or],
22 an adjoining county within the state of New York, or within Chemung
23 county.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11512-03-5
