Assembly Bill A8231A

2021-2022 Legislative Session

Allows an impeachment proceeding to proceed after the resignation of a person from public office and prohibits such person from holding a future public office

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A8231 - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 §24, Constn
Versions Introduced in 2023-2024 Legislative Session:
A9142

2021-A8231 - Summary

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

2021-A8231 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8231
 
                        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
 
             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. IMPEACHMENT AND A TRIAL OF  IMPEACH-
 MENTS  MAY  PROCEED  AGAINST  A  PERSON WHO HAS RESIGNED FROM ANY PUBLIC
 OFFICE OF HONOR, TRUST, OR PROFIT UNDER THIS STATE. On the trial  of  an
 impeachment  against  the  governor  or lieutenant-governor, 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  DISQUALIFICATION
 TO  HOLD  AND  ENJOY  ANY PUBLIC OFFICE OF HONOR, TRUST, OR PROFIT UNDER
 THIS STATE WHERE A PERSON HAS RESIGNED SUCH PUBLIC  OFFICE  BEFORE  SUCH
 JUDGMENT IS RENDERED; but the party impeached shall be liable to indict-
 ment and punishment according to law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2021-A8231A (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 §24, Constn
Versions Introduced in 2023-2024 Legislative Session:
A9142

2021-A8231A (ACTIVE) - Summary

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

2021-A8231A (ACTIVE) - Bill Text download pdf

                            
 
                     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
              

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