NY State Senate Bill 2021-S7336

Senate Bill S7336

2021-2022 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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Archive: Last 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
Mar 01, 2022	opinion referred to judiciary
Jan 28, 2022	to attorney-general for opinion
Jan 05, 2022	referred to judiciary
Nov 17, 2021	opinion referred to judiciary
Oct 27, 2021	to attorney-general for opinion
Aug 20, 2021	referred to rules

co-Sponsors

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2021-S7336 (ACTIVE) - Details

See Assembly Version of this Bill:: A8515
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 6 §24, Constn
Versions Introduced in 2023-2024 Legislative Session:: S2034

2021-S7336 (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.

2021-S7336 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7336

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:

New bill

 
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.

2021-S7336 (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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