Bill Text: NY A05625 | 2025-2026 | General Assembly | Introduced

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Bill Title: Allows an impeachment proceeding to proceed after the resignation of a person from public office; prohibits such person from holding a future public office.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-21 - to attorney-general for opinion [A05625 Detail]

Download: New_York-2025-A05625-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5625

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 18, 2025
                                       ___________

        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Judiciary

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to section 24 of article 6 of  the  constitution,
          in relation to allowing an impeachment proceeding to proceed after the
          resignation  of  a person from public office and prohibits such person
          from holding a future public office

     1    Section 1. Resolved (if the Senate concur), That section 24 of article
     2  6 of the constitution be amended to read as follows:
     3    § 24. The assembly shall have the power of impeachment by a vote of  a
     4  majority  of all the members elected thereto. The court for the trial of
     5  impeachments shall be composed of  the  president  of  the  senate,  the
     6  senators,  or  the  major  part  of them, and the judges of the court of
     7  appeals, or the major part of them. Where an impeachment and a trial  of
     8  impeachment  may  proceed  under  this  section against a person holding
     9  office, such impeachment and trial of  impeachment  may  be  brought  or
    10  proceed  notwithstanding that such person has resigned from that office.
    11  On the trial of an impeachment against the governor or lieutenant-gover-
    12  nor, neither the lieutenant-governor nor the temporary president of  the
    13  senate  shall  act  as  a member of the court. No judicial officer shall
    14  exercise [his or her] such judicial officer's office after  articles  of
    15  impeachment  against  [him or her] such judicial officer shall have been
    16  preferred to the senate, until [he or she] such judicial  officer  shall
    17  have been acquitted.  Before the trial of an impeachment, the members of
    18  the court shall take an oath or affirmation truly and impartially to try
    19  the  impeachment  according  to  the  evidence,  and  no person shall be
    20  convicted without the concurrence of two-thirds of the members  present.
    21  Judgment  in  cases  of  impeachment  shall  not  extend further than to
    22  removal from office, or removal from office and disqualification to hold
    23  and enjoy any public office of honor, trust, or profit under this state,
    24  or where a person has resigned from  office  before  final  judgment  is
    25  rendered, disqualification to hold and enjoy any public office of honor,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89074-01-5
        A. 5625                             2

     1  trust,  or  profit  under  this  state; but the party impeached shall be
     2  liable to indictment and punishment according to law.
     3    §  2.  Resolved (if the Senate concur), That the foregoing be referred
     4  to the first  regular  legislative  session  convening  after  the  next
     5  succeeding general election of members of the assembly, and, in conform-
     6  ity with section 1 of article 19 of the constitution, be published for 3
     7  months previous to the time of such election.