SR0467 93RD GENERAL ASSEMBLY

SR0467 LRB093 21540 RLC 48737 r

SENATE RESOLUTION

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

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

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

WHEREAS, Recommendation No. 53 was among the Commission's recommendations and provided that the Illinois Supreme Court should consider directing trial courts to closely scrutinize any tactic that misleads suspects as to the strength of the evidence against them or the likelihood of their guilt, in order to determine whether this tactic would be likely to induce an involuntary or untrustworthy confession; and

WHEREAS, Section 16 of Article VI of the Illinois Constitution vests general administrative and supervisory authority over all courts in the Supreme Court of Illinois; and

WHEREAS, In accordance with this authority, the Illinois Supreme Court has adopted rules governing trial procedures in criminal cases; and

WHEREAS, The adoption of Commission Recommendation No. 53 by the Illinois Supreme Court would serve the best interests of the Illinois criminal justice system; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that that we urge the Illinois Supreme Court to adopt Recommendation No. 53 of the Governor's Commission On Capital Punishment; and be it further

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