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Assembly Bill A1917

2021-2022 Legislative Session

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

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Archive: Last Bill Status - Stricken

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2021-A1917 (ACTIVE) - Details

See Senate Version of this Bill:
S1408
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; add §207-a, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A10905, S8973
2023-2024: A5719, S151
2025-2026: A7271, S2453

2021-A1917 (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.

2021-A1917 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1917
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2021
                                ___________
 
 Introduced  by  M.  of  A. PERRY, DINOWITZ, GOTTFRIED, SEAWRIGHT -- read
   once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law and the  civil  practice  law
   and  rules,  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 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. CERTAIN DEFENDANTS. WHEN A DEFENDANT IS HOLDING THE OFFICE OF
 PRESIDENT  OF  THE  UNITED  STATES,  WHETHER THE CAUSE OF ACTION ACCRUED
 DURING OR PRIOR TO THE COMMENCEMENT OF SUCH PERIOD IN OFFICE,  THE  TIME
 THAT  ELAPSES  BETWEEN  THE COMMENCEMENT OF THE PERIOD OF THE HOLDING OF
 SUCH OFFICE AND THE TERMINATION OF THE PERIOD OF  THE  HOLDING  OF  SUCH
 OFFICE  IS  NOT  A  PART  OF  THE  TIME  WITHIN WHICH THE ACTION MUST BE
 COMMENCED.
   § 4. This act shall take effect immediately  provided,  however,  that
 section  two  of  this act shall apply to all criminal actions for which
 such statute of limitations has not expired before such date and section
 three of this act shall apply to all civil court actions  commenced  on,
 before and after such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03249-02-1

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