SR0466 93RD GENERAL ASSEMBLY

SR0466 LRB093 21539 RLC 48736 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. 47 was among the Commission's recommendations, supported the adoption of Illinois Supreme Court Rule 416(f), and provided that the Illinois Supreme Court should consider amending Rule 416(f) to require an additional final case management conference in capital cases and to ensure that there has been compliance with the newly mandated rules, that all required disclosures are complete, and that the case is fully prepared for trial; 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. 47 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 we urge the Illinois Supreme Court to adopt Recommendation No. 47 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.