SB9

Requires the Senate to try all impeachments

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Bill Text from Dec. 3, 2018 - Introduced

FIRST REGULAR SESSION

SENATE BILL NO. 9

Pre-filed December 1, 2018, and ordered printed.

0151S.01I

To repeal sections 106.030, 106.040, 106.070, 106.080, 106.090, 106.100, 106.110, 106.120, 106.130, 106.150, 106.160, 106.170, 106.180, 106.200, and 106.210, RSMo, and to enact in lieu thereof twelve new sections relating to impeachment trials, with a contingent effective date.

Be it enacted by the General Assembly of the State of Missouri, as follows:

106.040. When the house of representatives shall be satisfied that there is good cause to impeach any officer, they shall cause articles of impeachment to be made out in due form against such officer and shall transmit the same to the [supreme court] senate, and immediately elect managers to prosecute such impeachment; provided, however, that in the case of impeachment of the governor [or a member of the supreme court], they shall transmit such articles of impeachment to the [senate who shall, without delay, proceed to the election of a special commission to try such impeachment as provided in section 106.080]

intended to be omitted in the law. EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law.

100TH GENERAL ASSEMBLY

INTRODUCED BY SENATOR EMERY.

ADRIANE D. CROUSE, Secretary.

AN ACT

Section A. Sections 106.030, 106.040, 106.070, 106.080, 106.090, 106.100, 106.110, 106.120, 106.130, 106.150, 106.160, 106.170, 106.180, 106.200, and 106.210, RSMo, are repealed and twelve new sections enacted in lieu thereof, to be known as sections 106.030, 106.040, 106.070, 106.100, 106.120, 106.130, 106.150, 106.160, 106.170, 106.180, 106.200, and 106.210, to read as follows:

106.030. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried before the [supreme court, except that the governor or a member of the supreme court shall be tried by a special commission as provided for in sections 106.020 to 106.210] senate, and when the governor shall be tried, the chief justice of the supreme court shall preside.

SB 9 chief justice of the supreme court. In case of death, resignation or failure to serve, of any manager elected by the house as aforesaid, the governor shall, if the house be not in session, fill such vacancy; and the person thus appointed shall have the same power and perform the same duties as if elected by the house.

106.070. When articles of impeachment shall be presented to the [supreme court] senate, the [court] senate shall immediately appoint some day for the appearance of the accused and cause a summons to be issued, signed by the [chief justice of the court] president pro tempore of the senate and countersigned by [one of the judges thereof] the secretary of the senate, with a copy of the articles of impeachment annexed, requiring the accused to appear on the day appointed for that purpose, and answer the charges exhibited against him, which shall be served by the [marshal of the court] sergeant-at-arms of the senate, or by special messenger by the [court] senate appointed, a reasonable time before the day set for his appearance.

106.150. If the accused shall not appear after being notified, or, after appearing shall fail to answer, the [court or commission] senate may proceed ex parte.

106.160. At the time and place appointed for trial, and before proceeding thereon, some person authorized by law so to do shall administer to the [members of the special commission] chief justice of the supreme court, in cases of

106.100. The [notices] notice as required by [sections] section 106.070 [and 106.090] shall be served on the accused personally, if he can be found; and if he cannot be found, then by leaving a copy of such summons and articles of impeachment at his dwelling house or usual place of abode, with some member of the family above the age of fifteen years.

106.120. Upon the appearance of the accused, he shall have reasonable time to answer the impeachment; and when the answer shall be filed, the managers may reply thereto; and when issue shall be joined on any such impeachment, the [court or commission] senate shall appoint a time for trial thereof.

106.130. The president [of the commission] pro tempore of the senate or the chief justice of the supreme court when the governor is being tried, as the case may be, on application of the respondent, or any of his counsel, or either of the managers, shall issue subpoenas for witnesses and commissions to take depositions where the witness is unable to attend from sickness or other infirmity, or where the witness is without the state.

SB 9 impeachment of the governor [or a judge of the supreme court], or to the [judges of the supreme court] members of the senate, in cases of impeachments of other officers, an oath or affirmation impartially to try and determine the charges and to do justice according to the law and the evidence; and no member shall sit or give his vote until he shall have taken such oath or affirmation.

106.170. The members being sworn, the [supreme court or the special commission] senate or chief justice of the supreme court, as the case may be, shall proceed to hear, try and determine such impeachment, and may adjourn the trial to any other time; and the [court or commission] senate or chief justice shall determine all questions of law arising during the trial upon the admissibility of evidence, the competency of witnesses, or otherwise, and may punish any person for contempt committed toward it, or for obstructing the administration of justice on such trial, in as full a manner as any court of record could do for like contempt toward such court. Except as otherwise provided in sections 106.020 to 106.210, the rules of evidence and procedure applicable in civil actions before circuit judges in the circuit courts of this state shall be followed in all trials of impeachment whether before the [supreme court or the special commission] senate or chief justice.

106.200. The [supreme court or special commission] senate or chief justice of the supreme court, as the case may be, shall cause a transcript of the proceedings had on any impeachment to be made out, and the judgment of the [court or commission] senate or chief justice, whether of conviction or acquittal, which shall be signed by the [officer presiding at the trial] president pro tempore of the senate and attested by the secretary of the [commission or a judge of the court hearing the cause] senate or, in the case of the governor being tried, by the chief justice of the supreme court and attested by the secretary of the senate and deposited in the office of the

106.180. In all such trials the accused shall have a right to be heard by himself and his counsel, and all matters relating to procedure and the conduct of the trial shall be determined by a majority vote of the [judges or commissioners] senate or the opinion of the chief justice of the supreme court and shall be entered and made a part of the record of the proceeding; but no judgment or sentence of conviction shall be given against any person upon any impeachment without concurrence of [five-sevenths of the judges of the supreme court or of the members of the special commission] two-thirds of all senators present or in the opinion of the chief justice.

SB 9 secretary of state.

106.210. All writs by the [court or commission] senate or chief justice of the supreme court shall run in the name of the state of Missouri, shall be subscribed by the [presiding officer] president pro tempore of the senate and countersigned by [a judge of the supreme court] the secretary of the senate or in cases of impeachment of the governor [or a judge of the supreme court], by the [secretary of the commission] chief justice of the supreme court and shall be served by the [marshal of the court] sergeant-at-arms of the senate or by a special messenger appointed for that purpose.

[106.090. Immediately upon meeting, the commission shall proceed to organize by electing a president and a secretary and thereupon shall designate some day not less than twenty days nor more than thirty days after the service of the summons for the appearance of the accused and cause a summons to be issued, signed by the president of the commission and countersigned by the secretary thereof, with a copy of the articles of impeachment annexed, requiring the accused to appear on the day designated for that purpose, and answer charges exhibited against him, which shall be served by a messenger appointed by the commission, a reasonable time before the day set for his appearance. The commission shall have power to employ such clerical help and assistants as they may deem necessary to the proper conduct of the trial.]

[106.110. Each member of the special commission, provided for in section 106.080, shall be allowed an amount not to exceed ten

[106.080. If the governor or a judge of the supreme court shall be impeached, the house of representatives shall immediately transmit such articles of impeachment to the senate who shall, without delay, proceed to the election of a special commission to try the cause, which commission shall be composed of seven eminent jurists, who at the time of their election are judges of the circuit or appellate courts of this state; provided, however, that judges of the supreme court shall not be eligible to serve on such special commission. The commission shall meet in the City of Jefferson within thirty days after their election on a day designated by the senate.]

SB 9 dollars per day for actual and necessary expenses incurred in the performance of his duties, which allowance shall be in lieu of all other compensation for such service.] Section B. Section A of this act shall become effective only upon approval by the voters of an amendment to article VII of the Constitution of Missouri that modifies which entities are authorized to try impeachments of public officials.

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