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§ 21-12-201. Definitions

In this subchapter: (1) “Articles of impeachment” means the written accusation of the officer, drawn up and approved by the House of Representatives. The articles shall state with reasonable certainty the misdemeanors in office for which the officer is impeached, and, if there is more than one (1), the misdemeanors shall be stated separately and […]

§ 21-12-202. Suspension of impeached officer

(a) When any officer shall be impeached, he or she is declared to be suspended from exercising his or her office, after he or she shall be notified thereof, until he or she is acquitted. (b) If the President of the Senate be impeached, notice shall be immediately given by the House of Representatives to […]

§ 21-12-203. Initiation of proceedings

(a) When articles of impeachment have been approved by the House of Representatives and impeachment ordered, a committee shall be appointed to prosecute the impeachment, whose chair, within five (5) days, shall bring the same before the Senate. (b) The Senate shall appoint a day for hearing the impeachment. (c) (1) The accused shall be […]

§ 21-12-204. Attendance of witnesses

(a) The Senate shall have power of coercing the attendance of witnesses and of compelling them to testify and of coercing the production of books and papers, by fine and imprisonment to such extent as shall be necessary. (b) (1) The Secretary of the Senate, at the request of the chair of the committee prosecuting […]

§ 21-12-205. Depositions of witnesses

(a) The President of the Senate, on the application of the accused, or any of his or her counsel, or of the chair of the committee prosecuting the impeachment, shall issue commissions to take depositions where the witness is unable to attend from sickness or other infirmity or where the witness is without the limits […]

§ 21-12-206. Trial

(a) Before the Senate proceeds to try the impeachment, the President of the Senate and every senator present shall take the following oath or affirmation: “I do solemnly swear or affirm that I will faithfully and impartially try the impeachment against A. B., and give my decision according to the law and evidence.” (b) (1) […]

§ 21-12-207. Transcript of proceedings

The Secretary of the Senate shall make out a transcript of the proceedings on impeachment and of the judgment of the Senate, whether of conviction or acquittal, which shall be signed by the officer presiding at the trial, attested by the Secretary of the Senate and deposited in the office of the Secretary of State.

§ 21-12-208. Decision no bar to indictment

The party convicted or acquitted shall, notwithstanding such acquittal or conviction, be subject to indictment, trial, judgment, and punishment for any indictable offense, according to the law of the land.

§ 21-12-209. Allocation of costs

(a) (1) If the accused is acquitted, he or she shall be entitled to his or her costs, to be taxed by the Secretary of the Senate and paid by the Treasurer of State. (2) If convicted, the accused shall pay the costs, to be taxed by the Secretary of the Senate, and recovered upon […]