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

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10905

                   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

        AN ACT to amend the criminal procedure law, in relation  to  the  calcu-
          lation of the time limitation applicable to commencement of a criminal
          action  when the defendant is entitled to immunity from prosecution as
          a result of his or her entitlement to full, partial or qualified immu-
          nity by virtue of holding an elected public office; and to  amend  the
          civil  practice  law  and rules, in relation to the calculation of the
          time in which certain prosecutions and actions must be commenced  when
          the  defendant is entitled to immunity from prosecution as a result of
          his or her entitlement to  full,  partial  or  qualified  immunity  by
          virtue of holding an elected public office

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

     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  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 an elected public office.
     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 an elected public office, wheth-
    15  er the cause of action accrued during or prior to  the  commencement  of
    16  such  period of immunity, the time that elapses between the commencement
    17  of the period of the immunity and the termination of the period  of  the
    18  immunity  is  not  a  part  of  the time within which the action must be
    19  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.
                                                                   LBD17062-01-0