S T A T E O F N E W Y O R K
________________________________________________________________________
9022
I N A S S E M B L Y
January 12, 2018
___________
Introduced by M. of A. CROUCH -- 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:
Section 1. Section 3 of the public officers law is amended by adding
two new subdivisions 67 and 68 to read as follows:
67. IN THE COUNTY OF CHENANGO, THE PROVISIONS OF THIS SECTION REQUIR-
ING A PERSON TO BE A RESIDENT OF THE POLITICAL SUBDIVISION OR MUNICIPAL
CORPORATION OF THE STATE FOR WHICH HE OR SHE SHALL BE CHOSEN OR WITHIN
WHICH HIS OR HER OFFICIAL FUNCTIONS ARE REQUIRED TO BE EXERCISED, SHALL
NOT PREVENT A PERSON FROM HOLDING THE OFFICE OF ASSISTANT DISTRICT
ATTORNEY OF THE COUNTY OF CHENANGO, PROVIDED THAT SUCH PERSON RESIDES IN
CHENANGO COUNTY OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK;
PROVIDED, HOWEVER THAT ANY PERSON PERFORMING SUCH FUNCTIONS OR HOLDING
THE OFFICE OF ASSISTANT DISTRICT ATTORNEY IN ANY OTHER COUNTY SHALL BE A
RESIDENT OF SUCH COUNTY UNLESS OTHERWISE PROVIDED BY LAW. THE PROVISIONS
OF THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON HOLDING THE OFFICE OF
FIRST ASSISTANT DISTRICT ATTORNEY, THE HOLDER OF WHICH WOULD ASSUME THE
DUTIES OF THE DISTRICT ATTORNEY UPON THE DISTRICT ATTORNEY'S ABSENCE
FROM THE COUNTY OR UPON THE DISTRICT ATTORNEY'S INABILITY TO PERFORM HIS
OR HER DUTIES.
68. IN THE COUNTY OF CHENANGO, THE PROVISIONS OF THIS SECTION REQUIR-
ING A PERSON TO BE A RESIDENT OF THE POLITICAL SUBDIVISION OR MUNICIPAL
CORPORATION OF THE STATE FOR WHICH HE OR SHE SHALL BE CHOSEN OR WITHIN
WHICH HIS OR HER OFFICIAL FUNCTIONS ARE REQUIRED TO BE EXERCISED, SHALL
NOT PREVENT A PERSON FROM HOLDING THE OFFICE OF ASSISTANT PUBLIC DEFEN-
DER OF THE COUNTY OF CHENANGO, PROVIDED THAT SUCH PERSON RESIDES IN
CHENANGO COUNTY OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK;
PROVIDED, HOWEVER THAT ANY PERSON PERFORMING SUCH FUNCTIONS OR HOLDING
THE OFFICE OF ASSISTANT PUBLIC DEFENDER IN ANY OTHER COUNTY SHALL BE A
RESIDENT OF SUCH COUNTY UNLESS OTHERWISE PROVIDED BY LAW. THE PROVISIONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14036-01-7
A. 9022 2
OF THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON HOLDING THE OFFICE OF
FIRST ASSISTANT PUBLIC DEFENDER, THE HOLDER OF WHICH WOULD ASSUME THE
DUTIES OF THE PUBLIC DEFENDER UPON THE PUBLIC DEFENDER'S ABSENCE FROM
THE COUNTY OR UPON THE PUBLIC DEFENDER'S INABILITY TO PERFORM HIS OR HER
DUTIES.
§ 2. This act shall take effect immediately.