093_SR0039

 
                                         LRB09310897RLC11411r

 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,   The   Commission  raised  concerns  about  the
25    reliability of accomplice and informant testimony; and

26        WHEREAS,  Section  16  of  Article  VI  of  the  Illinois
27    Constitution vests  general  administrative  and  supervisory
28    authority  over  all courts in the Supreme Court of Illinois;
29    and
30        WHEREAS, In accordance with this authority, the  Illinois
31    Supreme  Court has adopted rules governing trial procedure in
32    criminal cases; and
 
                            -2-          LRB09310897RLC11411r
 1        WHEREAS, The  Committee  of  the  Illinois  Pattern  Jury
 2    Instructions-Criminal  has  been presented with a proposal to
 3    change Illinois Pattern Jury  Instruction  Criminal  3.17  to
 4    read as follows:
 5    "3.17 Testimony of an Accomplice or Informant.
 6        When  a witness says he was involved in the commission of
 7    crime with the defendant, or if a witness  provides  evidence
 8    against  the  defendant  for  (pay) (leniency) (immunity from
 9    punishment) (vindication) or any other personal advantage the
10    testimony of that witness is subject to suspicion and  should
11    be  considered  by  you with caution.  It should be carefully
12    examined in the light of the other evidence in the case.
13        This instruction does not apply to the  testimony  of  an
14    expert witness or law enforcement officer."; and

15        RESOLVED,  BY  THE  SENATE  OF  THE  NINETY-THIRD GENERAL
16    ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the  Illinois
17    Supreme  Court  to  adopt  the  proposed  changes to Illinois
18    Pattern Jury Instruction-Criminal 3.17; and be it further

19        RESOLVED, That a suitable  copy  of  this  Resolution  be
20    presented  to  the Honorable Mary Ann McMorrow, Chief Justice
21    of the Illinois Supreme Court.