S T A T E O F N E W Y O R K
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6205
2019-2020 Regular Sessions
I N S E N A T E
May 22, 2019
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Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the public officers law, in relation to authorizing the
assistant district attorney of the county of Chautauqua to reside
outside of such county
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 a
new subdivision 68 to read as follows:
68. IN THE COUNTY OF CHAUTAUQUA, THE PROVISIONS OF THIS SECTION
REQUIRING 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 EXER-
CISED, SHALL NOT PREVENT A PERSON FROM HOLDING THE OFFICE OF ASSISTANT
DISTRICT ATTORNEY OF THE COUNTY OF CHAUTAUQUA, PROVIDED THAT SUCH PERSON
RESIDES IN CHAUTAUQUA 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 OR CHIEF 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11972-01-9