Bill Text: NY A09142 | 2023-2024 | 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) 2024-02-26 - opinion referred to judiciary [A09142 Detail]

Download: New_York-2023-A09142-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9142

                   IN ASSEMBLY

                                    February 8, 2024
                                       ___________

        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 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
    25  profit  under  this  state;  but  the party impeached shall be liable to
    26  indictment and punishment according to law.
    27    § 2. Resolved (if the Senate concur), That the foregoing  be  referred
    28  to  the  first  regular  legislative  session  convening  after the next

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89133-01-4
        A. 9142                             2

     1  succeeding general election of members of the assembly, and, in conform-
     2  ity with section 1 of article 19 of the constitution, be published for 3
     3  months previous to the time of such election.