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Assembly Bill A9142

2023-2024 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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Archive: Last Bill Status - In Assembly Committee

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2023-A9142 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 §24, Constn
Versions Introduced in Other Legislative Sessions:
2021-2022: A8231
2025-2026: A5625

2023-A9142 (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.

2023-A9142 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9142
 
                           I N  A S S E M B L Y
 
                             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

   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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