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S69Senate2015-2016 SessionSame asA6408

Relates to the qualifications for holding the office of assistant district attorney in the county of Wyoming

Sponsor Patrick M. GallivanSD-59Affects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

No co-sponsors yet.

History

  1. Signed chap.139
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.463
  6. Substituted for A6408
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 62–0
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.143
Show 1 earlier action
  1. Referred to investigations and government operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6408Assembly

Relates to the qualifications for holding the office of assistant district attorney in the county of Wyoming

Assembly Floor Calendar · Sponsor David DiPietro

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S69

Title of bill

An act to amend the public officers law, in relation to the qualifications for holding the office of assistant district attorney in the county of Wyoming

Purpose

This bill would permit Assistant District Attorneys in Wyoming County, other than a First Assistant or Chief Assistant who could assume the duties of the District Attorney, to reside in an adjoining county.

Summary of provisions

Section 1 amends section 3 of the public officers law by adding a new subdivision 64 permitting Assistant District Attorneys in Wyoming County to reside in an adjoining county. This exception does not apply to any person holding the office of first assistant district attorney or chief assistant district attorney.

Section 2 states that this act shall take effect immediately.

Existing law

Existing law requires assistant district attorneys to reside in the counties that they serve. A number of specific counties, however, have been exempted from this residency requirement.

Justification

The Assistant District Attorney position requires a set of unique skills and specialized experiences. For example, expertise in domestic violence, child abuse, narcotics, white collar crime, and violent crime is necessary so that cases can be prosecuted effectively.

This bill has been introduced at the request of the Wyoming County District Attorney. It is essential that predominantly rural counties, like Wyoming County, have the same ability as those counties with a higher population to recruit practitioners with the necessary skills and experience for the Assistant District Attorney position.

Out of the 62 counties in New York, Wyoming County has the 8th smallest population. Exceptions to the residency requirement for assistant district attorneys have typically been granted to counties with smaller populations. For example, Assistant District Attorneys in Putnam County may reside in adjoining counties (C. 250 of 2008), Assistant District Attorneys in Fulton County may reside in adjoining counties (C. 265 of 2008), and Assistant District Attorneys in Essex County may reside in adjoining counties (C. 225 of 2014).

Adoption of this legislation will provide the Wyoming County District Attorney with a more flexible recruiting process by allowing the District Attorney to hire from adjoining rural counties such as Livingston and Genesee County. These counties share many of the same characteristics of Wyoming County, ensuring that the interests of Wyoming County are adequately represented.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.