Missouri SB 566: Requires the Senate to try all impeachments except for the impeachment of the Governor, which shall be tried by the Chief Justice of the Missouri Supreme Court

Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 566
99TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR EMERY.
Pre-filed December 1, 2017, and ordered printed.
ADRIANE D. CROUSE, Secretary.
4792S.01I
AN ACT
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:
Section A. Sections 106.030, 106.040, 106.070, 106.080, 106.090, 106.100,
2 106.110, 106.120, 106.130, 106.150, 106.160, 106.170, 106.180, 106.200, and
3 106.210, RSMo, are repealed and twelve new sections enacted in lieu thereof, to
4 be known as sections 106.030, 106.040, 106.070, 106.100, 106.120, 106.130,
5 106.150, 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
2 impeachment. All impeachments shall be tried before [the supreme court, except
3 that the governor or a member of the supreme court shall be tried by a special
4 commission as provided for in sections 106.020 to 106.210] the senate, and
5 when the governor shall be tried, the chief justice of the supreme court
6 shall preside.
106.040. When the house of representatives shall be satisfied that there
2 is good cause to impeach any officer, they shall cause articles of impeachment to
3 be made out in due form against such officer and shall transmit the same to the
4 [supreme court] senate, and immediately elect managers to prosecute such
5 impeachment; provided, however, that in the case of impeachment of the governor
6 [or a member of the supreme court], they shall transmit such articles of
7 impeachment to the [senate who shall, without delay, proceed to the election of
8 a special commission to try such impeachment as provided in section 106.080]
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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9 the chief justice of the supreme court. In case of death, resignation or
10 failure to serve, of any manager elected by the house as aforesaid, the governor
11 shall, if the house be not in session, fill such vacancy; and the person thus
12 appointed shall have the same power and perform the same duties as if elected
13 by the house.
106.070. When articles of impeachment shall be presented to the [supreme
2 court] senate, the [court] senate shall immediately appoint some day for the
3 appearance of the accused and cause a summons to be issued, signed by the [chief
4 justice of the court] president pro tempore of the senate and countersigned
5 by [one of the judges thereof] the secretary of the senate, with a copy of the
6 articles of impeachment annexed, requiring the accused to appear on the day
7 appointed for that purpose, and answer the charges exhibited against him, which
8 shall be served by the [marshal of the court] sergeant-at-arms of the senate,
9 or by special messenger by the [court] senate appointed, a reasonable time before
10 the day set for his appearance.
106.100. The [notices] notice as required by [sections] section 106.070
2 [and 106.090] shall be served on the accused personally, if he can be found; and
3 if he cannot be found, then by leaving a copy of such summons and articles of
4 impeachment at his dwelling house or usual place of abode, with some member
5 of the family above the age of fifteen years.
106.120. Upon the appearance of the accused, he shall have reasonable
2 time to answer the impeachment; and when the answer shall be filed, the
3 managers may reply thereto; and when issue shall be joined on any such
4 impeachment, the [court or commission] senate shall appoint a time for trial
5 thereof.
106.130. The president [of the commission] pro tempore of the senate
2 or the chief justice of the supreme court when the governor is being tried, as
3 the case may be, on application of the respondent, or any of his counsel, or either
4 of the managers, shall issue subpoenas for witnesses and commissions to take
5 depositions where the witness is unable to attend from sickness or other
6 infirmity, or where the witness is without the state.
106.150. If the accused shall not appear after being notified, or, after
2 appearing shall fail to answer, the [court or commission] senate may proceed ex
3 parte.
106.160. At the time and place appointed for trial, and before proceeding
2 thereon, some person authorized by law so to do shall administer to the [members

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3 of the special commission] chief justice of the supreme court, in cases of
4 impeachment of the governor [or a judge of the supreme court], or to the [judges
5 of the supreme court] members of the senate, in cases of impeachments of
6 other officers, an oath or affirmation impartially to try and determine the charges
7 and to do justice according to the l