|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Sep 09, 2020||referred to rules|
senate Bill S8973
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8973 (ACTIVE) - Details
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
BILL NUMBER: S8973 SPONSOR: GIANARIS TITLE OF BILL: An act to amend the criminal procedure law, in relation to enacting the "New York no citizen is above the law act" PURPOSE: To prevent an individual holding the office of president of the United States from employing stall tactics to have the statute of limitations expire on a crime he or she allegedly committed, thereby obstructing justice. SUMMARY OF PROVISIONS: Section one of the bill titles the bill the "New York no citizen is above the law act." Section two of the bill adds paragraph (c) to subdivision 4 of § 30.10
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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