Bill Text: NY A05719 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 5719

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - referred to codes [A05719 Detail]

Download: New_York-2023-A05719-Introduced.html




                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