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.
STATE OF NEW YORK
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1244
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
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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.
