Senate Bill S7336

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7336
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              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
 
   Section 1. Resolved (if the Assembly concur), That section 24 of arti-
 cle 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 POWER OF IMPEACHMENT
 AND THE TRIAL OF AN IMPEACHMENT SHALL  EXTEND  TO  THE  IMPEACHMENT  AND
 TRIAL  OF  ANY PERSON WHO FORMERLY HELD A PUBLIC OFFICE OF HONOR, TRUST,
 OR PROFIT UNDER THIS STATE FOR IMPEACHABLE CONDUCT COMMITTED WHILE  SUCH
 PERSON  HELD  SUCH OFFICE. 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. On the trial of an impeachment against the governor or lieuten-
 ant-governor, neither the lieutenant-governor nor the  temporary  presi-
 dent of the senate shall act as a member of the court. No judicial offi-
 cer  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  impar-
 tially  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 THE PARTY  IMPEACHED  NO  LONGER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89157-01-1

 S. 7336                             2
 
 HOLDS  OFFICE  AT THE TIME JUDGMENT IS RENDERED; but the party impeached
 shall be liable to indictment and punishment according to law.
   § 2. Resolved (if the Assembly 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.