BILL NUMBER: S2453
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 a new § 207-a to the civil practice law
and rules to state that the time period that elapses while the defendant
is holding the office of president of the United States will not be
counted as part of the time within which a cause of 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 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 actions by running out
the statute of limitations on potential charges 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:
2024: S151 (Gianaris) PASSED SENATE / A5719 (Chandler-Waterman) died in
codes
2023: S151 (Gianaris) PASSED SENATE / A5719 (Chandler-Waterman) died in
codes
2022: S1408 (Gianaris) PASSED SENATE / A1917 (Perry) died in codes
2021: S1408 (Gianaris) PASSED SENATE I A1917 (Perry) advanced to third
reading
2020: S8973 (Gianaris) died in Rules / A10905-A (Perry) died in codes
 
FISCAL IMPLICATIONS:
None
 
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 three of
this act shall apply to all civil court actions commenced on, before and
after such effective date.

Statutes affected:
S2453: 30.10 criminal procedure law, 30.10(4) criminal procedure law