Bill Text: NY S07336 | 2021-2022 | General Assembly | Introduced
Bill Title: Proposes a constitutional amendment to extend the power of impeachment and trial of impeachment to any former office holder for impeachable conduct committed while such person was in office; provides for disqualification of such person from holding public office in the future.
Spectrum: Strong Partisan Bill (Republican 13-1)
Status: (Introduced - Dead) 2022-03-01 - OPINION REFERRED TO JUDICIARY [S07336 Detail]
Download: New_York-2021-S07336-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7336 2021-2022 Regular Sessions IN SENATE August 20, 2021 ___________ Introduced by Sen. STEC -- read twice and ordered printed, and when printed to be committed to the Committee on Rules CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 24 of article 6 of the constitution, in relation to extending the power of impeachment and trial of impeachment to former office holders for impeachable conduct committed while in office 1 Section 1. Resolved (if the Assembly concur), That section 24 of arti- 2 cle 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 power of impeachment 5 and the trial of an impeachment shall extend to the impeachment and 6 trial of any person who formerly held a public office of honor, trust, 7 or profit under this state for impeachable conduct committed while such 8 person held such office. The court for the trial of impeachments shall 9 be composed of the president of the senate, the senators, or the major 10 part of them, and the judges of the court of appeals, or the major part 11 of them. On the trial of an impeachment against the governor or lieuten- 12 ant-governor, neither the lieutenant-governor nor the temporary presi- 13 dent of the senate shall act as a member of the court. No judicial offi- 14 cer shall exercise his or her office after articles of impeachment 15 against him or her shall have been preferred to the senate, until he or 16 she shall have been acquitted. Before the trial of an impeachment, the 17 members of the court shall take an oath or affirmation truly and impar- 18 tially to try the impeachment according to the evidence, and no person 19 shall be convicted without the concurrence of two-thirds of the members 20 present. Judgment in cases of impeachment shall not extend further than 21 to removal from office, or removal from office and disqualification to 22 hold and enjoy any public office of honor, trust, or profit under this 23 state, or disqualification to hold and enjoy any public office of honor, 24 trust, or profit under this state where the party impeached no longer EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89157-01-1S. 7336 2 1 holds office at the time judgment is rendered; but the party impeached 2 shall be liable to indictment and punishment according to law. 3 § 2. Resolved (if the Assembly 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.
