NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11395
SPONSOR: Rules (Palmesano) PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow Yates county district attorneys and assistant
public defenders to reside within Monroe County
SUMMARY OF SPECIFIC PROVISIONS:
Section (1) Amending Subdivisions 38 and 38-a of section 3 of the public
officers law, as amended by chapter 405 of the laws of 2025,
Section (2) states the effective date.
JUSTIFICATION:
This bill is being introduced at the request of the Yates County Legis-
lature
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11395
IN ASSEMBLY
May 15, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Palmesano)
-- read once and referred to the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to permitting Yates
county assistant district attorneys and assistant public defenders to
reside in Monroe county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 38 and 38-a of section 3 of the public offi-
2 cers law, as amended by chapter 405 of the laws of 2025, are amended to
3 read as follows:
4 38. In the county of Yates, the provisions of this section requiring a
5 person to be a resident of the political subdivision or municipal corpo-
6 ration of the state for which such person shall be chosen or within
7 which such person's official functions are required to be exercised,
8 shall not prevent a person from holding the office of assistant district
9 attorney of the county of Yates, other than the first assistant district
10 attorney, provided that such person resides in Yates county, an adjoin-
11 ing county within the state of New York, [or] within Chemung county, or
12 within Monroe county.
13 38-a. In the county of Yates, the provisions of this section requiring
14 a person to be a resident of the political subdivision or municipal
15 corporation of the state for which such person shall be chosen or within
16 which such person's official functions are required to be exercised,
17 shall not prevent a person regularly admitted to practice as an attorney
18 or counselor in the courts of record of this state from holding the
19 office of assistant public defender of the county of Yates, provided
20 that such person resides in the county of Yates, an adjoining county
21 within the state of New York, [or] within Chemung county, or within
22 Monroe county.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15864-01-6
