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: A10905A
SPONSOR: Rules (Perry) TITLE OF BILL:
An act to amend the criminal procedure law, 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 entitled to immunity from prosecution
because of his or her entitlement to full, partial, or qualified immuni-
ty by virtue of his or her 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 where a defendant is entitled to immunity from the
commencement of an action in the courts of the state as a result of his
or her entitlement to full, partial or qualified immunity by virtue of
holding the office of president of the United States, the time that
elapses between the commencement of the period of the immunity and the
termination of the period of the immunity is not a part of the time
within which the action must be commenced.
Section four of the bill provides the effective date.
JUSTIFICATION:
Under the Constitution the President of the United States is immune to
arrest.The US Department of Justice's interpretation of the Constitution
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 ordinary citizens. For example, by invoking execu-
tive privilege, whether applicable or not, a person holding the office
of president can interrupt, foil, stall, and delay compliance with
subpoenas and other legitimate legal requests for information or
evidence in that person's or agent's possession through endless court
proceedings.
As the world and our nation has watched while a current president, with
assistance from other office holders appointed by him, skillfully has
successfully blocked even the Congress of the United States from access
to information that is crucially necessary for allowing a complete and
full investigation, ordinary Americans have been shaken and alarmed that
the office of the presidency can be used with such power to thwart a
legal investigation.
Clearly the privileges of the office of president were not intended to
make the holder of the office above the law and was not intended to
imbue a president of the United States with the ability to thwart and
sabotage an active, legitimate investigation of suspicion and allegation
of criminal behavior of the person holding this high 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.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately and shall apply to all criminal actions and civil court
actions occurring on, before and after such effective date.
STATE OF NEW YORK
________________________________________________________________________
10905--A
IN ASSEMBLY
August 17, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Perry) --
read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the criminal procedure law, 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 entitled to immunity from prosecution as a result of
7 his or her entitlement to full, partial or qualified immunity by virtue
8 of holding the office of president of the United States.
9 § 3. The civil practice law and rules is amended by adding a new
10 section 207-a to read as follows:
11 § 207-a. Defendant's immunity from prosecution. Where a defendant is
12 entitled to immunity from the commencement of an action in the courts of
13 the state as a result of his or her entitlement to full, partial or
14 qualified immunity by virtue of holding the office of president of the
15 United States, whether the cause of action accrued during or prior to
16 the commencement of such period of immunity, the time that elapses
17 between the commencement of the period of the immunity and the termi-
18 nation of the period of the immunity is not a part of the time within
19 which the action must be commenced.
20 § 4. This act shall take effect immediately and shall apply to all
21 criminal actions and civil court actions occurring on, before and after
22 such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17062-04-0
