Bill Text: NY A08231 | 2021-2022 | General Assembly | Amended

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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: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2022-02-18 - opinion referred to judiciary [A08231 Detail]

Download: New_York-2021-A08231-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8231--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     August 25, 2021
                                       ___________

        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Judiciary -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee

                    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 office after articles of impeachment against him or
    15  her shall have been preferred to the senate, until he or she shall  have
    16  been  acquitted.  Before the trial of an impeachment, the members of the
    17  court shall take an oath or affirmation truly and impartially to try the
    18  impeachment according to the evidence, and no person shall be  convicted
    19  without  the  concurrence of two-thirds of the members present. Judgment
    20  in cases of impeachment shall not extend further than  to  removal  from
    21  office,  or  removal  from office and disqualification to hold and enjoy
    22  any public office of honor, trust, or profit under this state, or  where
    23  a  person  has  resigned  from office before final judgment is rendered,
    24  disqualification to hold and enjoy any public office of honor, trust, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89155-04-1
        A. 8231--A                          2

     1  profit under this state; but the party  impeached  shall  be  liable  to
     2  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.