Bill Text: NY A09905 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to the qualifications for holding the office of assistant district attorney in the county of Orleans.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2020-09-21 - signed chap.176 [A09905 Detail]

Download: New_York-2019-A09905-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

            S. 7870--A                                            A. 9905--A

                SENATE - ASSEMBLY

                                    February 27, 2020
                                       ___________

        IN  SENATE -- Introduced by Sen. ORTT -- read twice and ordered printed,
          and when printed to be committed to the  Committee  on  Investigations
          and  Government  Operations  --  committee  discharged,  bill amended,
          ordered reprinted as amended and recommitted to said committee

        IN ASSEMBLY -- Introduced by M. of A. HAWLEY -- read once  and  referred
          to  the  Committee on Governmental Operations -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN  ACT  to amend the public officers law, in relation to the qualifica-
          tions for holding the office of  assistant district  attorney  in  the
          county of Orleans

          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 a
     2  new subdivision 70 to read as follows:
     3    70. In the county of Orleans, the provisions of this section requiring
     4  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 Orleans, provided that such person resides  in
     9  Orleans  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
    13  provisions of this subdivision shall not apply to any person holding the
    14  office of first assistant district attorney, the holder of  which  would
    15  assume  the duties of the district attorney upon the district attorney's
    16  absence from the county or upon the  district  attorney's  inability  to
    17  perform his or her duties.
    18    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15149-06-0