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Assembly Bill A10905A

2019-2020 Legislative Session

Relates to enacting the New York no citizen is above the law act

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2019-A10905 - Details

See Senate Version of this Bill:
S8973
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; add §207-a, CPLR
Versions Introduced in Other Legislative Sessions:
2021-2022: A1917, S1408
2023-2024: A5719, S151
2025-2026: A7271, S2453

2019-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.

2019-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

2019-A10905A (ACTIVE) - Details

See Senate Version of this Bill:
S8973
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; add §207-a, CPLR
Versions Introduced in Other Legislative Sessions:
2021-2022: A1917, S1408
2023-2024: A5719, S151
2025-2026: A7271, S2453

2019-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.

2019-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

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