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A10427 Summary:

BILL NOA10427
 
SAME ASSAME AS S08985
 
SPONSORRules (Paulin)
 
COSPNSR
 
MLTSPNSR
 
Amd §322, Judy L
 
Relates to residency requirements for stenographers in the county of Westchester; provides the district attorney may appoint someone residing in any county of the ninth judicial district.
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A10427 Actions:

BILL NOA10427
 
05/18/2022referred to judiciary
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A10427 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10427
 
SPONSOR: Rules (Paulin)
  TITLE OF BILL: An act to amend the judiciary law, in relation to residency requirements for stenographers in the county of Westchester   PURPOSE: To enable the Westchester district attorney to appoint stenographers from any county in the ninth judicial district.   SUMMARY OF PROVISIONS: Section one enables the Westchester district attorney to appoint stenog- raphers from any county in the ninth judicial district. Section two provides the effective date   JUSTIFICATION: The current staffing demands within Westchester County have made it necessary to expand the geographical pool of applicants for grand jury stenographers. The time constraints imposed under Criminal Procedure Law § 245.20(1)(b) for the production of grand jury transcripts has increased the demand for grand jury stenographers, while the high cost of living within Westchester County has decreased the available appli- cant pool. Historically, other counties throughout the state have been granted similar exceptions as evidenced by the legislative history and plain language of Judiciary Law § 322. Of note, Rockland and Putnam counties were previously granted permission to appoint a stenographer from, "any county within the ninth judicial district."   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A10427 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10427
 
                   IN ASSEMBLY
 
                                      May 18, 2022
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
          read once and referred to the Committee on Judiciary
 
        AN ACT to amend the judiciary law, in relation to residency requirements
          for stenographers in the county of Westchester
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 322 of the judiciary law, as amended by chapter 165
     2  of the laws of 2018, is amended to read as follows:
     3    §  322.  Stenographers  to  be  citizens and residents of county where
     4  appointed. Every stenographer appointed under  the  provisions  of  this
     5  title  shall  be  a  citizen  and  resident of the county in which he is
     6  appointed, except that  the  district  attorney  of  Warren  county  may
     7  appoint a stenographer residing either in the county of Washington or in
     8  the  county of Saratoga and the district attorney of Hamilton county may
     9  appoint a stenographer residing in the county of Fulton and the district
    10  attorney of Wyoming county may appoint a stenographer residing either in
    11  the county of Genesee or in the county of Livingston  and  the  district
    12  attorney of Madison county may appoint a stenographer residing either in
    13  the  county  of  Onondaga or in the county of Oneida or in any county in
    14  the sixth judicial district and the district attorney of Allegany county
    15  may appoint a stenographer residing in the county of Steuben or  in  any
    16  county  in  the  eighth  judicial  district and the district attorney of
    17  Niagara county may appoint a stenographer  residing  in  the  county  of
    18  Erie,  Genesee  or Orleans and the district attorneys of Chemung, Tioga,
    19  Tompkins and Otsego counties may each appoint a stenographer residing in
    20  any county in the sixth judicial district and the district  attorney  of
    21  Schoharie  county  may  appoint a stenographer residing in any county in
    22  the third judicial district and  the  district  attorney  of  Washington
    23  county may appoint a stenographer residing either in the county of Sara-
    24  toga  or  in  the county of Warren and the district attorney of Saratoga
    25  county may appoint a stenographer residing in either Schenectady county,
    26  or Albany county or Rensselaer county  and  the  district  attorneys  of
    27  Columbia  and Greene counties may appoint a stenographer residing in any
    28  county of the third judicial district  and  the  district  attorneys  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15608-01-2

        A. 10427                            2
 
     1  Seneca county, Ontario county, Wayne county, Livingston county and Yates
     2  county  may appoint a stenographer residing in any county of the seventh
     3  judicial district and the district attorney of Cayuga county may appoint
     4  a  stenographer  residing in the county of Onondaga, the county of Tomp-
     5  kins or in any county of the seventh judicial district and the  district
     6  attorney  of Albany county may appoint a stenographer residing in either
     7  Schenectady county or in any county of the third judicial  district  and
     8  the  district  attorneys  of  Rockland and Putnam counties may appoint a
     9  stenographer residing in any county of the ninth judicial  district  and
    10  the  district  attorney  in  Orleans  county  may appoint a stenographer
    11  residing in any county of the eighth judicial district and  the  several
    12  district attorneys within the city of New York may appoint stenographers
    13  residing  in  any  county within such city and the district attorneys of
    14  Lewis and Oswego counties may appoint a  stenographer  residing  in  any
    15  county in the fifth judicial district and the district attorney of Chau-
    16  tauqua county may appoint a stenographer residing in Erie county and the
    17  district  attorney  of  Cattaraugus  county  may  appoint a stenographer
    18  residing in any county in the eighth judicial district and the  district
    19  attorney  of  Schenectady  county may appoint a stenographer residing in
    20  either Albany county or in any county of the third judicial district and
    21  the district attorney of Jefferson county  may  appoint  a  stenographer
    22  residing  in  the  county of St. Lawrence, or in any county of the fifth
    23  judicial district and the district attorney of Broome county may appoint
    24  a stenographer residing in the county of Onondaga or in  any  county  of
    25  the  sixth  judicial  district  and the district attorney of Westchester
    26  county may appoint a stenographer residing in any county  of  the  ninth
    27  judicial district.
    28    § 2. This act shall take effect immediately.
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