§ 13-6-2.1 - Suspension from public office upon conviction Forfeiture of office upon exhaustion of appeals.
SECTION 13-6-2.1
§ 13-6-2.1 Suspension from public officeupon conviction Forfeiture of office upon exhaustion of appeals. (a) Every person who, while holding elective public office, is convicted of afelony and has exhausted all appeals shall forfeit that public office. Thepublic office shall automatically become vacant by operation of law at the timewhen the conviction becomes final. The vacancy in office so created shall befilled in accordance with law.
(b) Every person who, while holding elective public office,is convicted of a felony shall be suspended by operation of law from theperformance of all official duties until that public official's legal status isfinally determined. While under suspension, that person shall not receive anysalary and/or benefit associated with the public office.
(c) If the conviction which prompted the suspension isoverturned on appeal, the official shall receive any salary and/or benefitwhich was withheld.
(d) During the suspension, the duties of the office shall beassumed by the person, if any, who is empowered to assume those duties in theevent of the disability of the officeholder.