Bill Text: NY A03349 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 3349 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the county law, in relation to providing for appointment of special district attorney

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A03349 Detail]

Download: New_York-2009-A03349-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3349
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2009
                                      ___________
       Introduced  by M. of A. PERRY -- read once and referred to the Committee
         on Codes
       AN ACT to amend the county law, in relation to providing for appointment
         of special district attorney
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraphs (a) and (b) of subdivision 1 of section 701 of
    2  the county law, paragraph (a) as amended and paragraph (b) as  added  by
    3  chapter 560 of the laws of 1991, are amended to read as follows:
    4    (a)  [appoint  some attorney at law having an office in or residing in
    5  the county, or any adjoining county, to act as special district attorney
    6  during the absence, inability or disqualification of the district attor-
    7  ney and such assistants as he or she may have; or
    8    (b)] appoint a district attorney of any other county within the  judi-
    9  cial department or of any county adjoining the county wherein the action
   10  is  triable  to act as special district attorney, provided such district
   11  attorney agrees to accept appointment by such criminal court during such
   12  absence, inability or disqualification of the district attorney and such
   13  assistants as he or she may have; OR
   14    (B) APPOINT THE ATTORNEY-GENERAL TO ACT AS SPECIAL DISTRICT ATTORNEY.
   15    S 2. Subdivision 3 of section 701 of the county law, as added by chap-
   16  ter 560 of the laws of 1991, is amended to read as follows:
   17    3. Where a special district attorney appointed under this section is a
   18  district attorney OR THE ATTORNEY-GENERAL, he  or  she  may  direct  the
   19  exercise  of  such  powers  and  the  performance  of such duties by any
   20  assistant in his or her office in any case in which he or she serves  as
   21  special  district  attorney  to  the same extent permitted by law in any
   22  case in which he or she serves as district attorney OR AS  ATTORNEY-GEN-
   23  ERAL.
   24    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02107-01-9