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90_HR0121
LRB9005564RCks
1 HOUSE RESOLUTION
2 WHEREAS, The Illinois House of Representatives takes
3 notice that judicial proceedings have established that at
4 least nine innocent persons have been convicted of murder and
5 sentenced to death under Illinois' current death penalty law;
6 and
7 WHEREAS, Serious allegations of wrongdoing have led to
8 grand jury indictments charging local police and prosecutors
9 with official misconduct and perjury in connection with the
10 investigation and prosecution of one such capital case; and
11 WHEREAS, The federal racketeering conviction of one
12 Illinois State court judge, proven to have taken a bribe in
13 at least one capital case and possibly others, has led to a
14 new trial for the defendants in one such capital case and to
15 review by the United States Supreme Court in another; and
16 WHEREAS, Statistical evidence demonstrates that racial
17 bias continues to have an impact on which defendants are
18 chosen to face capital charges, and which defendants
19 ultimately receive a sentence of death; and
20 WHEREAS, Illinois' death row has the highest percentage
21 of minority inmates in the United States; and
22 WHEREAS, The income and resources of the defendant also
23 play a significant role in the death sentencing process, as
24 evidenced by the disproportionate number of poor and
25 low-income persons on death row; and
26 WHEREAS, Illinois has consistently failed to provide
27 adequate resources to ensure satisfactory representation for
28 defendants in capital cases, resulting in the inability of
29 overburdened, often unskilled, attorneys to mount an adequate
30 defense; and
-2- LRB9005564RCks
1 WHEREAS, With each new revelation of error, misconduct
2 and discrimination the death penalty process continues to
3 erode public confidence in our criminal justice system; and
4 WHEREAS, Corruption and prejudice employed in the
5 administration of justice undermines the very foundation upon
6 which the United States of America was built; and
7 WHEREAS, In order for the State to protect its moral and
8 ethical integrity, the State must ensure a justice system
9 which is impartial and uncorrupted; and
10 WHEREAS, The execution of an innocent person by the
11 People of the State of Illinois would be a grave and
12 irreversible injustice; therefore, be it
13 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
14 NINETIETH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the
15 House of Representatives does establish an independent,
16 non-partisan Commission on the death penalty to study all
17 aspects of the death penalty as currently administered in
18 Illinois; and be it further
19 RESOLVED, That the Commission on the Death Penalty, which
20 shall serve without compensation, be comprised of 10 members;
21 4 appointed by the Speaker of the House of Representatives; 4
22 appointed by the House Minority Leader; the State Appellate
23 Defender or his designee; and the Attorney General of
24 Illinois or his designee; and be it further
25 RESOLVED, That the Commission on the Death Penalty hold
26 public hearings and call before it witnesses to testify on
27 issues relevant to the administration of the death penalty in
28 Illinois; and be it further
29 RESOLVED, That the Commission shall report its findings
30 and recommendations regarding the death penalty, including
31 remedies for any deficiencies found by the Commission, to the
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1 Governor, members of the House of Representatives, and the
2 Illinois Supreme Court, by June 30, 1998; and be it further
3 RESOLVED, That the Illinois House of Representatives
4 urges the Governor to exercise his authority to grant
5 temporary reprieves under Article V, Section 12 of the
6 Illinois Constitution, and institute an immediate halt to
7 executions in the State of Illinois, and that such a
8 moratorium on executions remain in effect until the
9 Commission has issued its findings and recommendations, and
10 until any necessary reforms in the administration of the
11 death penalty are implemented; and be it further
12 RESOLVED, That the House of Representatives calls upon
13 the Supreme Court of Illinois to exercise its judicial
14 discretion under Supreme Court Rule 613 and refrain from
15 setting any execution dates until the Commission has issued
16 its findings and recommendations, and until necessary reforms
17 in the administration of the death penalty are implemented;
18 and be it further
19 RESOLVED, That the House of Representatives calls upon
20 the Illinois Senate to consider and adopt a similar
21 resolution; and be it further
22 RESOLVED, That a suitable copy of this preamble and
23 resolution be presented to the Governor, the Chief Justice of
24 the Illinois Supreme Court, the State Appellate Defender, the
25 Illinois Attorney General, and the President of the Illinois
26 Senate.