senate Bill S1408

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2021 referred to codes
delivered to assembly
passed senate
Feb 01, 2021 advanced to third reading
Jan 26, 2021 2nd report cal.
Jan 25, 2021 1st report cal.172
Jan 11, 2021 referred to codes

Co-Sponsors

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S1408 (ACTIVE) - Details

See Assembly Version of this Bill:
A1917
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; add §207-a, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S8973, A10905

S1408 (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.

S1408 (ACTIVE) - Sponsor Memo

S1408 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1408
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sens.  GIANARIS,  HOYLMAN, KENNEDY, SALAZAR, STAVISKY --
   read twice and ordered printed, and when printed to  be  committed  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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