Current Status Introducing Body:Senate Bill Number:831 Primary Sponsor:McConnell Type of Legislation:SR Subject:Amend Senate Rule Date Bill Passed both Bodies:19930614 Introduced Date:19930614 Last History Body:Senate Last History Date:19930614 Last History Type:Introduced, adopted Scope of Legislation:Statewide All Sponsors:McConnell Type of Legislation:Senate Resolution
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 831 Senate 19930614 Introduced, adoptedView additional legislative information at the LPITS web site.
TO AMEND RULE 45.1 OF THE RULES OF THE SENATE SO AS TO SPECIFY THE ELECTION LAW OFFENSES WHICH WOULD IMPLICATE THE PROVISION OF THIS RULE.
Be it resolved by the Senate:
That, Rule 45.1 of the Rules of the Senate be amended to read as follows:
(a) If an indictment, or information on a felony, or offense against the election laws a warrant for the offenses provided in the folloowing sections: 7-13-1920, 7-25-20, 7-25-40, 7-25-50, 7-25-60, 7-25-110, 7-25-120, and 7-25-150 is filed, or returned, or issued against a member of the Senate, the member indicted, charged or informed against may request the President Pro Tempore to excuse the member, without pay, from all privileges of membership of the Senate and the President Pro Tempore shall comply with the request.
If the indictment, charge or information is either nol prossed or dismissed, or if the member is found not guilty of the offense or offenses charged or of lesser included offenses, the member may immediately return to active Senate duties and shall be paid all back pay and be restored to all other benefits and privileges retroactive to the date the member was excused.
(b) A member who enters a plea of guilty or nolo contendere to any offense listed in subsection (a), must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate through the remainder of that member's term. In addition, the Senate Ethics Committee shall recommend expulsion of such member to the Senate and the Senate shall vote on the expulsion of such member in accordance with Section 12 of Article III of the Constitution of this State.
(c) A member convicted of any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate pending final appellate action or the end of that member's term, whichever occurs first. If no appeal is taken by the member convicted, or if his appeal is denied, or if the final appellate decision is to sustain the conviction and the member's resignation is not forthcoming, the Senate Ethics Committee shall recommend expulsion of such member to the Senate, and the Senate shall vote on the member's expulsion in accordance with Section 12 of Article III of the Constitution of this State.
If the final appellate decision is to vacate the conviction and there is a retrial or rehearing, the member is subject to the provisions of subsection (a). If the final appellate decision is to vacate the conviction and no charges for any offense listed in subsection (a) remain against the member, the member is entitled to restitution of back pay and restoration of all other benefits and privileges of membership of the Senate retroactive to the date of suspension.
(d) The action provided for in subsections (a), (b), and (c) of this rule is in addition to any action provided by law or other Senate rule."
Be it further resolved that a copy of this be retained by the Clerk of the Senate.