Senate Bill S1408

                                
 
BILL NUMBER: S1408

SPONSOR: GIANARIS
 
TITLE OF BILL:

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"

 
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
of the criminal procedure law to not include in the calculating of the
time limitation applicable to the commencement of a criminal action any
period wherein the defendant was holding the office of president of the
United States.

Section three of the bill adds § 207-a to the civil practice law and
rules to state that 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 immunity and the termi-
nation of the period of holding 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.

Section four of the bill provides the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

Under the Constitution, the President of the United States is immune to
arrest. The US Department of Justice's interpretation of the Constitu-
tion is that a sitting president cannot be indicted. This puts the
person holding the office of president in a unique position which is not
afforded to any other citizen. This interpretation allows a sitting
President to escape responsibility for unlawful, fictions by running out
the statute of limitations on potential charge by the time they leave
office.

Enactment of the New York No Citizen is Above the Law Act will ensure
that this tenet holds true in New York as it should in the entire United
States which will toll the statute of limitations for the full period a
president's tenure in the office of president.

 
LEGISLATIVE HISTORY:

2020: Died in Rules/Died in Codes (Assembly)
 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
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.