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.
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
