Assembly Bill A8231A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8231--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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
 
   Section 1. Resolved (if the Senate concur), That section 24 of article
 6 of the constitution be amended to read as follows:
   §  24. The assembly shall have the power of impeachment by a vote of a
 majority of all the members elected thereto. The court for the trial  of
 impeachments  shall  be  composed  of  the  president of the senate, the
 senators, or the major part of them, and the  judges  of  the  court  of
 appeals,  or the major part of them. WHERE AN IMPEACHMENT AND A TRIAL OF
 IMPEACHMENT MAY PROCEED UNDER THIS  SECTION  AGAINST  A  PERSON  HOLDING
 OFFICE,  SUCH  IMPEACHMENT  AND  TRIAL  OF IMPEACHMENT MAY BE BROUGHT OR
 PROCEED NOTWITHSTANDING THAT SUCH PERSON HAS RESIGNED FROM THAT  OFFICE.
 On the trial of an impeachment against the governor or lieutenant-gover-
 nor,  neither the lieutenant-governor nor the temporary president of the
 senate shall act as a member of the court.  No  judicial  officer  shall
 exercise  his or her office after articles of impeachment against him or
 her shall have been preferred to the senate, until he or she shall  have
 been  acquitted.  Before the trial of an impeachment, the members of the
 court shall take an oath or affirmation truly and impartially to try the
 impeachment according to the evidence, and no person shall be  convicted
 without  the  concurrence of two-thirds of the members present. Judgment
 in cases of impeachment shall not extend further than  to  removal  from
 office,  or  removal  from office and disqualification to hold and enjoy
 any public office of honor, trust, or profit under this state, OR  WHERE
 A  PERSON  HAS  RESIGNED  FROM OFFICE BEFORE FINAL JUDGMENT IS RENDERED,
 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
 
 PROFIT UNDER THIS STATE; but the party  impeached  shall  be  liable  to
 indictment and punishment according to law.
   §  2.  Resolved (if the Senate concur), That the foregoing be referred
 to the first  regular  legislative  session  convening  after  the  next
 succeeding general election of members of the assembly, and, in conform-
 ity with section 1 of article 19 of the constitution, be published for 3
 months previous to the time of such election.