What's happening
This bill allows assistant district attorneys and assistant public defenders in Chenango County to reside in adjoining counties.
Why it matters
Expands the pool of eligible candidates. for assistant district attorney and assistant public defender positions in Chenango County, potentially helping to address recruitment or staffing shortages, especially if the local population is small or if it's hard to find qualified applicants living within the county.
Maintains safeguards for top leadership roles. by requiring that first assistant district attorneys and first assistant public defenders (who would take over in the absence of the main officeholder) must still be residents of Chenango County, ensuring local accountability and leadership continuity.
Aligns local hiring rules with regional realities. , acknowledging that people who live just outside Chenango County may have similar community ties and practical ability to serve, which is especially relevant in rural areas where county borders may not reflect daily life or commuting patterns.
Sets a local exception without changing state policy broadly. , meaning this flexibility applies only to Chenango County and does not affect residency rules for assistant prosecutors or defenders elsewhere in New York, preserving local control and tailored solutions.
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Who cares
Headline styles
Let Adjacent Counties Serve
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.1572
- Committee discharged and committed to rules
- 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.
Ease Residency for Legal Jobs
In Assembly Committee · Rules · Sponsor Clifford Crouch
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7390
IN SENATE
January 11, 2018
Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the public officers law, in relation to the qualifications 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 Assembly, 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 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 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 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 exercised, shall not prevent a person from holding the office of assistant public defender 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14036-01-7
S. 7390 2
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 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public officers law, in relation to the qualifica- tions for holding the offices of assistant district attorney and assist- ant public defender in the county of Chenango
Purpose
Relates to the qualifications for holding the offices of assistant district attorney and assistant public defender in the county of Chenan- go.
Summary of provisions
Section 1. Section 3 of the public officers law is amended by adding two new subdivisions 67 and 68.
67: In the County of Chenango, 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 exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Chenango, provided that such persons resides in Chenango county or an adjoining county within the state of New York. The provisions shall not apply to any person holding the office of first assistant district attorney.
68: In the County of Chenango, 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 exercised, shall not prevent a person from holding the office of assistant public defen- der of the county of Chenango, provided that such persons resides in Chenango county or an adjoining county within the state of New York. The provisions shall not apply to any person holding the office of first assistant public defender.
Section 2 is the effective date.
Justification
Chenango County is a rural area that does not attract a high concen- tration of legal professionals. According to the Chenango County Board of Supervisors, both the District Attorney and Public Defender for Chenango County have experienced difficulties in recruiting and main- taining Assistant District Attorneys and Assistant Public Defenders. With upcoming changes to the New York State Criminal Justice System it is increasingly important to keep these offices fully-staffed. Per the request of the Chenango County Board of Supervisors, this legislation would allow for Assistant District Attorneys and Assistant Public Defen- ders to reside in Chenango county or an adjoining county in New York State.
Legislative history
New bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.