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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5719
SPONSOR: Chandler-Waterman 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 OR GENERAL IDEA 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"
SUMMARY OF PROVISIONS:
(c)Any period following the commission of the offense during which the
defendant was holding the office of president of the United States.
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
office and the nation of the period of the holding of such office is not
apart of the within which the action must be commenced.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
amend the criminal procedure law and the civil practice law rules, in
relation to enacting the "New York no citizen is above the law act"
PRIOR LEGISLATIVE HISTORY:
N/A
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
This act shall take effect immediately provided, however, that section
two of this act shall apply to all criminal actions for which such Stat-
ute of limitations has not expired before such date and section throe of
this act shall apply to all civil court actions commenced on, before and
after such effective date.
STATE OF NEW YORK
________________________________________________________________________
5719
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. CHANDLER-WATERMAN -- 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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York no citizen is above the law act".
3 § 2. Subdivision 4 of section 30.10 of the criminal procedure law is
4 amended by adding a new paragraph (c) to read as follows:
5 (c) Any period following the commission of the offense during which
6 the defendant was holding the office of president of the United States.
7 § 3. The civil practice law and rules is amended by adding a new
8 section 207-a to read as follows:
9 § 207-a. Certain defendants. When a defendant is holding the office of
10 president of the United States, whether the cause of action accrued
11 during or prior to the commencement of such period in office, the time
12 that elapses between the commencement of the period of the holding of
13 such office and the termination of the period of the holding of such
14 office is not a part of the time within which the action must be
15 commenced.
16 § 4. This act shall take effect immediately provided, however, that
17 section two of this act shall apply to all criminal actions for which
18 such statute of limitations has not expired before such date and section
19 three of this act shall apply to all civil court actions commenced on,
20 before and after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01882-01-3
