093_SR0040

 
                                         LRB09308642RLC08870r

 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. 57 was among the Commission's
25    recommendations  and  provided  that  the  Committee  of  the
26    Illinois Pattern Jury Instructions-Criminal should consider a
27    jury  instruction providing a special caution with respect to
28    the reliability of the testimony of in-custody informants and
29    that this instruction be  adopted  by  the  Illinois  Supreme
30    Court; and

31        WHEREAS,  Section  16  of  Article  VI  of  the  Illinois
32    Constitution  vests  general  administrative  and supervisory
 
                            -2-          LRB09308642RLC08870r
 1    authority over all courts in the Supreme Court  of  Illinois;
 2    and
 3        WHEREAS,  In accordance with this authority, the Illinois
 4    Supreme Court has adopted rules governing trial procedure  in
 5    criminal cases; and

 6        WHEREAS, The adoption of Commission Recommendation No. 57
 7    by  the Illinois Supreme Court would serve the best interests
 8    of the Illinois criminal justice system; therefore, be it

 9        RESOLVED, BY  THE  SENATE  OF  THE  NINETY-THIRD  GENERAL
10    ASSEMBLY  OF THE STATE OF ILLINOIS, that we urge the Illinois
11    Supreme  Court  to  adopt  Recommendation  No.  57   of   the
12    Governor's  Commission  On  Capital  Punishment;  and  be  it
13    further

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