Bill Text: NY S08973 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 8973 (Prior Session Legislation)

Introduced

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) 2020-09-09 - REFERRED TO RULES [S08973 Detail]

Download: New_York-2019-S08973-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          8973

                    IN SENATE

                                    September 9, 2020
                                       ___________

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

        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.
                                                                   LBD17062-05-0