093_SR0021
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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. 51 was among the Commission's
25 recommendations and provided that whenever the State may
26 introduce the testimony of an in-custody informant who has
27 agreed to testify for the prosecution in a capital case as to
28 a statement allegedly made by the defendant, at either the
29 guilt or sentencing phase, the State should promptly inform
30 the defense as to the identification and background of the
31 witness; and
32 WHEREAS, Section 16 of Article VI of the Illinois
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1 Constitution vests general administrative and supervisory
2 authority over all courts in the Supreme Court of Illinois;
3 and
4 WHEREAS, In accordance with this authority, the Illinois
5 Supreme Court has adopted rules governing trial procedure in
6 criminal cases; and
7 WHEREAS, The adoption of Commission Recommendation No. 51
8 by the Illinois Supreme Court would serve the best interests
9 of the Illinois criminal justice system; therefore, be it
10 RESOLVED, BY THE SENATE OF THE NINETY-THIRD GENERAL
11 ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Illinois
12 Supreme Court to adopt Recommendation No. 51 of the
13 Governor's Commission On Capital Punishment; and be it
14 further
15 RESOLVED, That a suitable copy of this Resolution be
16 presented to the Honorable Mary Ann McMorrow, Chief Justice
17 of the Illinois Supreme Court.