Bill Text: NY S08642 | 2021-2022 | General Assembly | Introduced

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Bill Title: Increases the number of grand jury stenographers in Orange county; permits them to reside in an adjoining county; directs that their compensation be fixed by the county budget.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-03-24 - REFERRED TO JUDICIARY [S08642 Detail]

Download: New_York-2021-S08642-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8642

                    IN SENATE

                                     March 24, 2022
                                       ___________

        Introduced  by Sen. MARTUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the judiciary law, in relation to grand  jury  stenogra-
          phers appointed by the Orange county district attorney

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision i of section 321 of the judiciary law, as added
     2  by chapter 93 of the laws of 1974, is amended to read as follows:
     3    i. In the county of Orange, it shall be lawful for the district attor-
     4  ney of said county to appoint [two]  six  stenographers,  each  of  whom
     5  shall  have  authority to take and transcribe the testimony given before
     6  the grand juries in said county of Orange, and such  appointments  shall
     7  be  in  writing  under  the hand and seal of such district attorney, and
     8  shall be filed in the county clerk's office in the county of Orange.
     9    § 2. Section 322 of the judiciary law, as amended by  chapter  165  of
    10  the laws of 2018, is amended to read as follows:
    11    §  322.  Stenographers  to  be  citizens and residents of county where
    12  appointed. Every stenographer appointed under  the  provisions  of  this
    13  title  shall  be  a  citizen  and  resident of the county in which he is
    14  appointed, except that  the  district  attorney  of  Warren  county  may
    15  appoint a stenographer residing either in the county of Washington or in
    16  the  county of Saratoga and the district attorney of Hamilton county may
    17  appoint a stenographer residing in the county of Fulton and the district
    18  attorney of Wyoming county may appoint a stenographer residing either in
    19  the county of Genesee or in the county of Livingston  and  the  district
    20  attorney of Madison county may appoint a stenographer residing either in
    21  the  county  of  Onondaga or in the county of Oneida or in any county in
    22  the sixth judicial district and the district attorney of Allegany county
    23  may appoint a stenographer residing in the county of Steuben or  in  any
    24  county  in  the  eighth  judicial  district and the district attorney of
    25  Niagara county may appoint a stenographer  residing  in  the  county  of
    26  Erie,  Genesee  or Orleans and the district attorneys of Chemung, Tioga,
    27  Tompkins and Otsego counties may each appoint a stenographer residing in
    28  any county in the sixth judicial district and the district  attorney  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15160-01-2
        S. 8642                             2

     1  Schoharie  county  may  appoint a stenographer residing in any county in
     2  the third judicial district and  the  district  attorney  of  Washington
     3  county may appoint a stenographer residing either in the county of Sara-
     4  toga  or  in  the county of Warren and the district attorney of Saratoga
     5  county may appoint a stenographer residing in either Schenectady county,
     6  or Albany county or Rensselaer county  and  the  district  attorneys  of
     7  Columbia  and Greene counties may appoint a stenographer residing in any
     8  county of the third judicial district  and  the  district  attorneys  of
     9  Seneca county, Ontario county, Wayne county, Livingston county and Yates
    10  county  may appoint a stenographer residing in any county of the seventh
    11  judicial district and the district attorney of Cayuga county may appoint
    12  a stenographer residing in the county of Onondaga, the county  of  Tomp-
    13  kins  or in any county of the seventh judicial district and the district
    14  attorney of Albany county may appoint a stenographer residing in  either
    15  Schenectady  county  or in any county of the third judicial district and
    16  the district attorneys of Rockland and Putnam  counties  may  appoint  a
    17  stenographer  residing  in any county of the ninth judicial district and
    18  the district attorney in  Orleans  county  may  appoint  a  stenographer
    19  residing  in  any county of the eighth judicial district and the several
    20  district attorneys within the city of New York may appoint stenographers
    21  residing in any county within such city and the  district  attorneys  of
    22  Lewis  and  Oswego  counties  may appoint a stenographer residing in any
    23  county in the fifth judicial district and the district attorney of Chau-
    24  tauqua county may appoint a stenographer residing in Erie county and the
    25  district attorney of  Cattaraugus  county  may  appoint  a  stenographer
    26  residing  in any county in the eighth judicial district and the district
    27  attorney of Schenectady county may appoint a  stenographer  residing  in
    28  either Albany county or in any county of the third judicial district and
    29  the  district  attorney  of  Jefferson county may appoint a stenographer
    30  residing in the county of St. Lawrence, or in any county  of  the  fifth
    31  judicial district and the district attorney of Broome county may appoint
    32  a  stenographer  residing  in the county of Onondaga or in any county of
    33  the sixth judicial district and the district attorney of  Orange  county
    34  may  appoint  a  stenographer residing in Orange county or in any county
    35  adjoining Orange county.
    36    § 3. Section 327 of the judiciary law, as amended by  chapter  585  of
    37  the laws of 1979, is amended to read as follows:
    38    §  327.  Compensation  and payment of stenographers. Each stenographer
    39  appointed as aforesaid shall  receive  such  compensation  for  services
    40  rendered while engaged in taking testimony before a grand jury, as shall
    41  be  determined  by the board of supervisors or county legislature of the
    42  county in which he is appointed, excepting that in  the  county  of  New
    43  York,  such  compensation  shall  be  fixed by the board of estimate and
    44  apportionment of the city of New York, and such compensation  shall  not
    45  be  less  than  five  nor more than ten dollars per day; and in addition
    46  thereto such stenographer shall be entitled to and shall be allowed  for
    47  a copy of testimony furnished to the district attorney the same rate per
    48  folio  as  is  prescribed  by the civil practice law and rules, and such
    49  stenographer shall receive the same compensation for all copies  of  the
    50  evidence  in  excess  of  three copies, furnished by him to the district
    51  attorney. Such compensation shall be a county charge, and shall be  paid
    52  by  the  treasurer of such county upon the affidavit of the stenographer
    53  and the certificate of the district attorney specifying  the  number  of
    54  days  of  actual  service  and the number of folios furnished; excepting
    55  that in the counties of Broome, Cayuga, Delaware, Erie, Monroe,  Oneida,
    56  Otsego,  Rockland,  Schenectady,  Tioga  and Westchester the salaries of
        S. 8642                             3

     1  said stenographers shall be fixed by the board of supervisors or  county
     2  legislature  and  in  the  counties  of  Monroe, Niagara and Oneida such
     3  stenographers in addition to such salary, shall be entitled to and shall
     4  be  allowed  for  a copy of testimony furnished to the district attorney
     5  the fees prescribed by the civil practice law and  rules.  Such  compen-
     6  sation  shall  be a county charge, and shall be paid by the treasurer of
     7  said county upon the affidavit of the stenographers and the  certificate
     8  of  the district attorney specifying the number of folios furnished; and
     9  excepting that in the county of Queens said stenographers shall  receive
    10  a  salary  of  one  thousand  dollars per annum, and in the [counties of
    11  Orange and] county of Ulster, twelve  hundred  dollars  per  annum;  and
    12  excepting that in the county of Kings the salaries of said stenographers
    13  shall be fixed by the board of estimate and apportionment of the city of
    14  New  York; and excepting that in the county of Orange said stenographers
    15  shall receive a salary in an amount as shall be prescribed in the annual
    16  county budget.  Such salaries shall be a county charge and shall be paid
    17  monthly, and in Erie, Oneida, Rockland, Westchester and Niagara counties
    18  semi-monthly, by the treasurer of said county in the same manner as  the
    19  salaries of other county officers are paid.
    20    § 4. This act shall take effect immediately.