senate Bill S8973

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 09, 2020 referred to rules

Co-Sponsors

S8973 (ACTIVE) - Details

See Assembly Version of this Bill:
A10905
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; add §207-a, CPLR

S8973 (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.

S8973 (ACTIVE) - Sponsor Memo

S8973 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8973
 
                             I N  S E N A T E
 
                             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:

   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.
                                                            LBD17062-05-0

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