New York Senate Bill S02453

New York 2025-2026 Regular Session

• Introduced: 1/17/25
• Refer: 1/17/25
• Engrossed: 5/21/25
• Refer: 5/22/25
• Refer: 1/7/26

Caption

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.

Summary

S02453 would amend New York’s criminal procedure law and civil practice law and rules to prevent a person’s time in office as President of the United States from counting toward certain time limits for bringing criminal prosecutions or civil actions. In practical terms, the bill tolls the statute of limitations during any period when the defendant is serving as president, so that the clock pauses while the person holds that office. The bill applies this rule to criminal cases by adding a new tolling provision to the criminal procedure law, and to civil cases by creating a new section in the civil practice law and rules. For civil matters, the toll would apply whether the claim arose before or during the presidency, and the bill states that the civil provision applies to actions commenced before, on, or after the effective date. The criminal provision applies to cases where the limitations period has not already expired when the bill takes effect.

Impact

The bill would change New York’s limitations rules by excluding a president’s time in office from the calculation of deadlines for filing or prosecuting certain criminal and civil matters. That would effectively extend the period available to bring actions against a defendant who becomes president, and could revive or preserve claims that otherwise might have expired during the presidency. It would amend the criminal procedure law and the civil practice law and rules, with immediate effect and retroactive application for civil actions and for unexpired criminal limitations periods.

Sentiment

The available voting history suggests the bill has meaningful support but also notable opposition. It passed the Senate Codes Committee by 8-4 and later passed the Senate floor by 38-21, indicating a clear majority in favor but not broad consensus. The committee vote repeated later at 9-4, again showing support from a majority of committee members. Overall, the sentiment appears largely favorable among supporters who view it as a rule-of-law measure, while opponents appear to have concerns about its scope or targeted nature.

Contention

The main point of contention is the bill’s focus on the presidency and whether New York should create a special tolling rule tied to one federal office. Supporters likely see it as ensuring that a president cannot run out the clock on legal accountability while in office, while opponents may view it as politically motivated, overbroad, or an intrusion into established limitations law. The split votes in committee and on the floor suggest disagreement over both the principle of pausing limitations periods for a sitting president and the bill’s retroactive reach in civil cases.