Bill Text: NY A10905 | 2019-2020 | General Assembly | Amended

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Bill Title: Provides that the period of immunity from prosecution for a criminal or civil action that a defendant is entitled to by virtue of holding the office of president of the United States shall not apply to the calculation of the time limitation applicable to commencement of such actions.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-09-11 - print number 10905a [A10905 Detail]

Download: New_York-2019-A10905-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10905--A

                   IN ASSEMBLY

                                     August 17, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
          read once  and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the criminal procedure law, in relation to enacting the
          "New York no citizen is above the law act"

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

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "New York no citizen is above the law act".
     3    § 2. Subdivision 4 of section 30.10 of the criminal procedure  law  is
     4  amended by adding a new paragraph (c) to read as follows:
     5    (c)  Any  period  following the commission of the offense during which
     6  the defendant was entitled to immunity from prosecution as a  result  of
     7  his  or her entitlement to full, partial or qualified immunity by virtue
     8  of holding the office of president of the United States.
     9    § 3. The civil practice law and rules  is  amended  by  adding  a  new
    10  section 207-a to read as follows:
    11    §  207-a.  Defendant's immunity from prosecution. Where a defendant is
    12  entitled to immunity from the commencement of an action in the courts of
    13  the state as a result of his or her  entitlement  to  full,  partial  or
    14  qualified  immunity  by virtue of holding the office of president of the
    15  United States, whether the cause of action accrued during  or  prior  to
    16  the  commencement  of  such  period  of  immunity, the time that elapses
    17  between the commencement of the period of the immunity  and  the  termi-
    18  nation  of  the  period of the immunity is not a part of the time within
    19  which the action must be commenced.
    20    § 4. This act shall take effect immediately and  shall  apply  to  all
    21  criminal  actions and civil court actions occurring on, before and after
    22  such effective date.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17062-04-0