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
________________________________________________________________________
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
