NY State Senate Bill 2023-S2034

Senate Bill S2034

2023-2024 Legislative Session

Extends the power of impeachment and trial of impeachment to former office holders for impeachable conduct committed while in office

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Current Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2024	opinion referred to judiciary
Jan 04, 2024	to attorney-general for opinion
Jan 03, 2024	referred to judiciary
Feb 23, 2023	opinion referred to judiciary
Jan 20, 2023	to attorney-general for opinion
Jan 18, 2023	referred to judiciary

co-Sponsors

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2023-S2034 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 6 §24, Constn
Versions Introduced in 2021-2022 Legislative Session:: S7336

2023-S2034 (ACTIVE) - Summary

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.

2023-S2034 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2034

SPONSOR: STEC
 
TITLE OF BILL:

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 hold-
ers for impeachable conduct committed while in office

 
PURPOSE:

To clarify the Legislature's constitutional right to impeach and convict
a former official.

 
SUMMARY OF PROVISIONS:

The concurrent resolution amends Article VI, section 24 stating the
Assembly may conduct an impeachment proceeding against a former office
holder, and the Senate may hold an impeachment trial of that former
official.

 
JUSTIFICATION:

Substantial debate has swirled recently about the Legislature's ability
to conduct an impeachment proceeding against a former state official.

Upon conviction, the impeached may be barred from holding future elected
office, making clarity surrounding this issue a matter of public inter-
est.

It is indisputable that the prohibition of certain former state officers
from holding future office is in service of the public good.  This is
especially true for those credibly accused of sweeping abuses of power
and corruption.

As such, it is only rational and just to amend the New York Constitution
and codify the Assembly's right to impeach a former office holder and
the Senate's right to, should the evidence warrant it, convict him or
her of the charges.

 
LEGISLATIVE HISTORY:

2022/2021: S7336 referred to Judiciary; A8515 referred to Governmental
Operations

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Resolved, if the Assembly concur, that the foregoing be referred to the
first regular legislation session convening after the next succeeding
general election of members of the Assembly, and, in conformity with
section 1 of article 19 of the constitution, be published for 3 months
previous to the time of such election.

2023-S2034 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2034
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sens. STEC, BORRELLO, MATTERA, OBERACKER, ORTT, PALUMBO,
   TEDISCO, WEIK -- read twice and ordered printed, and when  printed  to
   be committed 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  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.

                                                            LBD89063-01-3
 S. 2034                             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.

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