S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5625
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 18, 2025
                                ___________
 
 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] SUCH JUDICIAL OFFICER'S office after  articles  of
 impeachment  against  [him or her] SUCH JUDICIAL OFFICER shall have been
 preferred to the senate, until [he or she] SUCH JUDICIAL  OFFICER  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89074-01-5
 A. 5625                             2
 
 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
 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.