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91_SJ0011
SDS/910002/LGdo
1 SENATE JOINT RESOLUTION
2 WHEREAS, Throughout the ages, society has sought to use
3 appropriate penalties for crimes committed against citizens;
4 and
5 WHEREAS, In 1972 the United States Supreme Court has
6 ruled in Furman v. Georgia that the procedures used to
7 implement the death penalty were unconstitutional thereby
8 halting executions in this nation until 1976 when the Supreme
9 Court ruled in Gregg v. Georgia that the use of the death
10 penalty could be utilized subject to safeguards for the
11 protection of the rights of the accused; and
12 WHEREAS, The use of the death penalty as a capital
13 punishment for the unlawful taking of human life has been
14 deemed appropriate by the people of Illinois as evidenced in
15 the special election held on December 15, 1970 for the
16 ratification of the Constitution of 1970 when a referendum
17 was also held on the issue of capital punishment and other
18 matters of concern to the populace; and
19 WHEREAS, Since the reestablishment of the death penalty
20 in Illinois there have been technological advances, such as
21 use of DNA testing, to assist in the determination of guilt
22 and the enhanced ability of the accused to receive the
23 necessary legal assistance to defend their rights as provided
24 under the Constitution of the United States and the
25 Constitution of the State of Illinois; and
26 WHEREAS, Even with these advancements, recent events have
27 shown that circumstances do exist in which people convicted
28 of capital crimes have been wrongly accused and sentenced to
29 death even though innocent; and
30 WHEREAS, Further discussion and deliberation of this
31 contentious issue in light of these factors is merited and
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1 the need to review the laws of this State and the various
2 court proceedings and rulings affecting the use of this
3 punishment should be undertaken as expeditiously as possible
4 due to the fact that approximately 160 persons in Illinois
5 are awaiting execution; therefore, be it
6 RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL
7 ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF
8 REPRESENTATIVES CONCURRING HEREIN, That we call upon Governor
9 George H. Ryan, as allowed by his powers as Chief Executive
10 of this State, to institute an immediate moratorium on the
11 execution of persons sentenced to death at least until the
12 State has had an opportunity to thoroughly examine the cases
13 of those persons now awaiting execution; and be it further
14 RESOLVED, That this moratorium is not intended to
15 restrict or prohibit the State, as represented by the
16 Attorney General and the States Attorneys of this State, from
17 prosecuting death penalty eligible offenses or from
18 seeking the imposition of the death penalty as provided by
19 current law; and be it further
20 RESOLVED, That during this moratorium the Governor, the
21 Supreme Court, the Attorney General, the Senate President,
22 the Senate Minority Leader, the Speaker of the House and the
23 Minority Leader of the House of Representatives are urged to
24 convene a conference of scholars, law enforcement officials,
25 members of the judiciary, the legal community representing
26 both defendants and the accused, legislators and citizens of
27 this State to study the procedural system now used by this
28 State for implementing the death penalty, including, the
29 appeal process, the use of forensic and scientific evidence,
30 the method of executions, restitution for wrongful
31 convictions and other matters deemed appropriate by the
32 conference; and be it further
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1 RESOLVED, That the conference report to the Governor, the
2 Supreme Court, the Attorney General and the General Assembly
3 as soon as practicably possible with recommendations
4 resulting from the deliberations of the conference; and be it
5 further
6 RESOLVED, That a suitable copy of this preamble and
7 resolution be presented to Governor Ryan, members of the
8 Supreme Court, Attorney General Ryan, the Senate President,
9 the Senate Minority Leader, the Speaker of the House and the
10 Minority Leader of the House of Representatives.