Bill Text: NY S01408 | 2021-2022 | 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 8-0)

Status: (Engrossed - Dead) 2022-06-01 - referred to codes [S01408 Detail]

Download: New_York-2021-S01408-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1408

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 11, 2021
                                       ___________

        Introduced  by  Sens.  GIANARIS,  HOYLMAN, KENNEDY, SALAZAR, STAVISKY --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Codes

        AN  ACT  to  amend the criminal procedure law and the civil practice law
          and rules, 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 holding the office of president of the United States.
     7    §  3.  The  civil  practice  law  and rules is amended by adding a new
     8  section 207-a to read as follows:
     9    § 207-a. Certain defendants. When a defendant is holding the office of
    10  president of the United States, whether  the  cause  of  action  accrued
    11  during  or  prior to the commencement of such period in office, the time
    12  that elapses between the commencement of the period of  the  holding  of
    13  such  office  and  the  termination of the period of the holding of such
    14  office is not a part of  the  time  within  which  the  action  must  be
    15  commenced.
    16    §  4.  This  act shall take effect immediately provided, however, that
    17  section two of this act shall apply to all criminal  actions  for  which
    18  such statute of limitations has not expired before such date and section
    19  three  of  this act shall apply to all civil court actions commenced on,
    20  before and after such effective date.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03249-02-1