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.
STATE OF NEW YORK
________________________________________________________________________
2034
2023-2024 Regular Sessions
IN SENATE
January 18, 2023
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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
1 Section 1. Resolved (if the Assembly concur), That section 24 of arti-
2 cle 6 of the constitution be amended to read as follows:
3 § 24. The assembly shall have the power of impeachment by a vote of a
4 majority of all the members elected thereto. The power of impeachment
5 and the trial of an impeachment shall extend to the impeachment and
6 trial of any person who formerly held a public office of honor, trust,
7 or profit under this state for impeachable conduct committed while such
8 person held such office. The court for the trial of impeachments shall
9 be composed of the president of the senate, the senators, or the major
10 part of them, and the judges of the court of appeals, or the major part
11 of them. On the trial of an impeachment against the governor or lieuten-
12 ant-governor, neither the lieutenant-governor nor the temporary presi-
13 dent of the senate shall act as a member of the court. No judicial offi-
14 cer shall exercise his or her office after articles of impeachment
15 against him or her shall have been preferred to the senate, until he or
16 she shall have been acquitted. Before the trial of an impeachment, the
17 members of the court shall take an oath or affirmation truly and impar-
18 tially to try the impeachment according to the evidence, and no person
19 shall be convicted without the concurrence of two-thirds of the members
20 present. Judgment in cases of impeachment shall not extend further than
21 to removal from office, or removal from office and disqualification to
22 hold and enjoy any public office of honor, trust, or profit under this
23 state, or disqualification to hold and enjoy any public office of honor,
24 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
1 holds office at the time judgment is rendered; but the party impeached
2 shall be liable to indictment and punishment according to law.
3 § 2. Resolved (if the Assembly concur), That the foregoing be referred
4 to the first regular legislative session convening after the next
5 succeeding general election of members of the assembly, and, in conform-
6 ity with section 1 of article 19 of the constitution, be published for 3
7 months previous to the time of such election.
