093_SR0019

 
                                     LRB093 03763 RLC 03798 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. 38 was among the Commission's
25    recommendations  and  provided  that the the Illinois Supreme
26    Court, or the chief judges of the various judicial  districts
27    throughout  the  State,  should  consider implementation of a
28    process to certify judges who are qualified to  hear  capital
29    cases  either  by  virtue of experience or training, and that
30    trial court judges should be certified as qualified  to  hear
31    capital  cases  based upon completion of specialized training
32    and based upon their experience in hearing criminal cases and
 
                            -2-      LRB093 03763 RLC 03798 r
 1    only such certified judges should hear capital cases; and

 2        WHEREAS,  Section  16  of  Article  VI  of  the  Illinois
 3    Constitution vests  general  administrative  and  supervisory
 4    authority  over  all courts in the Supreme Court of Illinois;
 5    and
 6        WHEREAS, In accordance with this authority, the  Illinois
 7    Supreme  Court has adopted rules governing trial procedure in
 8    criminal cases; and

 9        WHEREAS, The adoption of Commission Recommendation No. 38
10    by the Illinois Supreme Court would serve the best  interests
11    of the Illinois criminal justice system; therefore, be it

12        RESOLVED,  BY  THE  SENATE  OF  THE  NINETY-THIRD GENERAL
13    ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the  Illinois
14    Supreme   Court   to  adopt  Recommendation  No.  38  of  the
15    Governor's  Commission  On  Capital  Punishment;  and  be  it
16    further

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