NY State Senate Bill 2021-S6468

Senate Bill S6468

2021-2022 Legislative Session

Relates to the residency of an appointment of person as an assistant district attorney by a district attorney

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Apr 30, 2021	referred to investigations and government operations

co-Sponsors

2021-S6468 (ACTIVE) - Details

See Assembly Version of this Bill:: A7151
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:: S4987, A8120

2021-S6468 (ACTIVE) - Summary

Relates to the residency of an appointment of person as an assistant district attorney by a district attorney.

2021-S6468 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6468

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the public officers law, in relation to the appointment
of a person as an assistant district attorney by a district attorney

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes persons employed, as Assistant District Attorneys, to reside
anywhere within the State of New York.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision to the Public Officers law permitting
persons employed as Assistant District Attorneys to reside outside of
the political subdivision or municipal corporation in which such person
will be carrying out their official job functions.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Assistant District Attorneys (ADAs) serve a vital law enforcement role
in our communities. The unique skill set such law enforcement officers
must possess coupled with the interpretation of the qualifications for
holding office as set forth within the Public Officers law by the courts
and counties, necessitates the advancement of this legislative proposal.
In particular, said qualifications disproportionally impact rural and
semi-rural counties due to the dearth of attorneys to serve as ADAs,
which impedes the judicial process, ultimately affecting both defendants
and the people alike.

By excluding ADAs from the residency requirements for local office, this
bill will establish consistency with the exclusion afforded to police
officers and, importantly, aims to correct the previous broad interpre-
tations of said statute.

 
PRIOR LEGISLATIVE HISTORY:

A08120/S4987 of 2019-2020

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6468 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6468
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 30, 2021
                                ___________
 
 Introduced by Sens. KENNEDY, GALLIVAN -- 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  appointment
   of a person as an assistant district attorney by a district attorney

   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 2-e to read as follows:
   2-E. NEITHER THE PROVISIONS OF THIS SECTION, NOR  OF  ANY  GENERAL  OR
 LOCAL  LAW,  CHARTER,  CODE,  ORDINANCE, RESOLUTION, RULE OR REGULATION,
 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  APPLY  TO  THE  APPOINTMENT  OF  A PERSON AS AN ASSISTANT
 DISTRICT ATTORNEY BY A DISTRICT ATTORNEY.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10151-01-1

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Senate Bill S6468

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Sponsored By

Timothy M. Kennedy