093_SR0020

 
                                     LRB093 03768 RLC 03803 r

 1                          SENATE RESOLUTION

 2        WHEREAS, On May 4, 2000, the Governor  of  the  State  of
 3    Illinois  issued  Executive  Order  No.  4  that  created the
 4    Governor's Commission On Capital Punishment; and

 5        WHEREAS, The duties of the Commission were: (1) to  study
 6    and  review  the  administration  of  the  capital punishment
 7    process in Illinois to determine why that process has  failed
 8    in  the  past, resulting in the imposition of death sentences
 9    upon innocent  people;  (2)  to  examine  ways  of  providing
10    safeguards and making improvements in the way law enforcement
11    and   the   criminal   justice   system   carry   out   their
12    responsibilities   in   the   death   penalty   process  from
13    investigation through trial, judicial appeal,  and  executive
14    review;  (3)  to  consider,  among other things, the ultimate
15    findings and final recommendations of the House Death Penalty
16    Task Force and the Special Supreme Court Committee on Capital
17    Cases and determine the effect these recommendations may have
18    on the capital  punishment  process;  and  (4)  to  make  any
19    recommendations and proposals designed to further ensure that
20    the  application  and  administration of the death penalty in
21    Illinois is just, fair and accurate; and

22        WHEREAS,  In  April  2002,  the  Commission  issued   its
23    recommendations; and

24        WHEREAS, Recommendation No. 71 was among the Commission's
25    recommendations and provided that Illinois Supreme Court Rule
26    3.8  of  the  Illinois Rules of Professional Conduct, Special
27    Responsibilities  of  a  Prosecutor,  should  be  amended  in
28    paragraph (c) by the  addition  of  the  following  language:
29    "Following   conviction,   a   public   prosecutor  or  other
30    government lawyer  has  the  continuing  obligation  to  make
31    timely  disclosure to the counsel for the defendant or to the
32    defendant if the defendant is not represented by a lawyer, of
 
                            -2-      LRB093 03768 RLC 03803 r
 1    the existence of evidence, known to the prosecutor  or  other
 2    government  lawyer,  that  tends  to  negate the guilt of the
 3    defendant or mitigate the defendant's capital  sentence.  For
 4    purposes  of  this  post-conviction disclosure responsibility
 5    'timely disclosure' contemplates that the prosecutor or other
 6    government lawyer should have the opportunity to  investigate
 7    matters related to the new evidence."; and

 8        WHEREAS,  Section  16  of  Article  VI  of  the  Illinois
 9    Constitution  vests  general  administrative  and supervisory
10    authority over all courts in the Supreme Court  of  Illinois;
11    and
12        WHEREAS,  In accordance with this authority, the Illinois
13    Supreme Court has adopted rules governing trial procedure  in
14    criminal cases; and

15        WHEREAS, The adoption of Commission Recommendation No. 71
16    by  the Illinois Supreme Court would serve the best interests
17    of the Illinois criminal justice system; therefore, be it

18        RESOLVED, BY  THE  SENATE  OF  THE  NINETY-THIRD  GENERAL
19    ASSEMBLY  OF THE STATE OF ILLINOIS, that we urge the Illinois
20    Supreme  Court  to  adopt  Recommendation  No.  71   of   the
21    Governor's  Commission  On  Capital  Punishment;  and  be  it
22    further

23        RESOLVED,  That  a  suitable  copy  of this Resolution be
24    presented to the Honorable Mary Ann McMorrow,  Chief  Justice
25    of the Illinois Supreme Court.