| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Sep 11, 2020 | print number 10905a |
| Sep 11, 2020 | amend (t) and recommit to codes |
| Aug 17, 2020 | referred to codes |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Bill Amendments
A10905 - Details
A10905 - Summary
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.
A10905 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10905
I N A S S E M B L Y
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:
Section 1. This act shall be known and may be cited as the "New York
no citizen is above the law act".
§ 2. Subdivision 4 of section 30.10 of the criminal procedure law is
amended by adding a new paragraph (c) to read as follows:
(C) ANY PERIOD FOLLOWING THE COMMISSION OF THE OFFENSE DURING WHICH
THE DEFENDANT WAS 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.
§ 3. The civil practice law and rules is amended by adding a new
section 207-a to read as follows:
§ 207-A. DEFENDANT'S IMMUNITY FROM PROSECUTION. WHERE A DEFENDANT IS
ENTITLED TO IMMUNITY FROM THE COMMENCEMENT OF AN ACTION IN THE COURTS OF
THE STATE AS A RESULT OF HIS OR HER ENTITLEMENT TO FULL, PARTIAL OR
QUALIFIED IMMUNITY BY VIRTUE OF HOLDING AN ELECTED PUBLIC OFFICE, WHETH-
ER THE CAUSE OF ACTION ACCRUED DURING OR PRIOR TO THE COMMENCEMENT OF
SUCH PERIOD OF IMMUNITY, THE TIME THAT ELAPSES BETWEEN THE COMMENCEMENT
OF THE PERIOD OF THE IMMUNITY AND THE TERMINATION OF THE PERIOD OF THE
IMMUNITY IS NOT A PART OF THE TIME WITHIN WHICH THE ACTION MUST BE
COMMENCED.
§ 4. This act shall take effect immediately and shall apply to all
criminal actions and civil court actions occurring on, before and after
such effective date.
Co-Sponsors
Jeffrey Dinowitz
Richard Gottfried
Felix Ortiz
Rebecca Seawright
A10905A (ACTIVE) - Details
A10905A (ACTIVE) - Summary
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.
A10905A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10905--A
I N A S S E M B L Y
August 17, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Perry) --
read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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:
Section 1. Short title. This act shall be known and may be cited as
the "New York no citizen is above the law act".
§ 2. Subdivision 4 of section 30.10 of the criminal procedure law is
amended by adding a new paragraph (c) to read as follows:
(C) ANY PERIOD FOLLOWING THE COMMISSION OF THE OFFENSE DURING WHICH
THE DEFENDANT WAS ENTITLED TO IMMUNITY FROM PROSECUTION AS A RESULT OF
HIS OR HER ENTITLEMENT TO FULL, PARTIAL OR QUALIFIED IMMUNITY BY VIRTUE
OF HOLDING THE OFFICE OF PRESIDENT OF THE UNITED STATES.
§ 3. The civil practice law and rules is amended by adding a new
section 207-a to read as follows:
§ 207-A. DEFENDANT'S IMMUNITY FROM PROSECUTION. WHERE A DEFENDANT IS
ENTITLED TO IMMUNITY FROM THE COMMENCEMENT OF AN ACTION IN THE COURTS OF
THE STATE AS A RESULT OF HIS OR HER ENTITLEMENT TO FULL, PARTIAL OR
QUALIFIED IMMUNITY BY VIRTUE OF HOLDING THE OFFICE OF PRESIDENT OF THE
UNITED STATES, WHETHER THE CAUSE OF ACTION ACCRUED DURING OR PRIOR TO
THE COMMENCEMENT OF SUCH PERIOD OF IMMUNITY, THE TIME THAT ELAPSES
BETWEEN THE COMMENCEMENT OF THE PERIOD OF THE IMMUNITY AND THE TERMI-
NATION OF THE PERIOD OF THE IMMUNITY IS NOT A PART OF THE TIME WITHIN
WHICH THE ACTION MUST BE COMMENCED.
§ 4. This act shall take effect immediately and shall apply to all
criminal actions and civil court actions occurring on, before and after
such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17062-04-0