NY State Senate Bill S1408

Archive: Last 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 (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	referred to codes delivered to assembly passed senate
Mar 09, 2022	advanced to third reading
Mar 08, 2022	2nd report cal.
Mar 07, 2022	1st report cal.652
Jan 05, 2022	referred to codes returned to senate died in assembly
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

Votes

view votes

Jun 1, 2022 - floor Vote

S1408

floor

Aye

Nay

Absent

Excused

Abstained

Mar 7, 2022 - Codes committee Vote

S1408

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 10, 2021 - floor Vote

S1408

floor

Aye

Nay

Absent

Excused

Abstained

Jan 25, 2021 - Codes committee Vote

S1408

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S1408 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; add §207-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8973
2023-2024: S151

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

 
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.

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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The New York State Senate

senate Bill S1408

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

Mar 7, 2022 - Codes committee Vote

Codes Committee Vote: Mar 7, 2022

Feb 10, 2021 - floor Vote

Floor Vote: Feb 10, 2021

Jan 25, 2021 - Codes committee Vote

Codes Committee Vote: Jan 25, 2021

Co-Sponsors

S1408 (ACTIVE) - Details

S1408 (ACTIVE) - Summary

S1408 (ACTIVE) - Sponsor Memo

S1408 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1408

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

Mar 7, 2022 - Codes committee Vote

Codes Committee Vote: Mar 7, 2022

Feb 10, 2021 - floor Vote

Floor Vote: Feb 10, 2021

Jan 25, 2021 - Codes committee Vote

Codes Committee Vote: Jan 25, 2021

Co-Sponsors

S1408 (ACTIVE) - Details

S1408 (ACTIVE) - Summary

S1408 (ACTIVE) - Sponsor Memo

S1408 (ACTIVE) - Bill Text download pdf

Comments