093_SR0039 LRB09310897RLC11411r 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, The Commission raised concerns about the 25 reliability of accomplice and informant testimony; and 26 WHEREAS, Section 16 of Article VI of the Illinois 27 Constitution vests general administrative and supervisory 28 authority over all courts in the Supreme Court of Illinois; 29 and 30 WHEREAS, In accordance with this authority, the Illinois 31 Supreme Court has adopted rules governing trial procedure in 32 criminal cases; and -2- LRB09310897RLC11411r 1 WHEREAS, The Committee of the Illinois Pattern Jury 2 Instructions-Criminal has been presented with a proposal to 3 change Illinois Pattern Jury Instruction Criminal 3.17 to 4 read as follows: 5 "3.17 Testimony of an Accomplice or Informant. 6 When a witness says he was involved in the commission of 7 crime with the defendant, or if a witness provides evidence 8 against the defendant for (pay) (leniency) (immunity from 9 punishment) (vindication) or any other personal advantage the 10 testimony of that witness is subject to suspicion and should 11 be considered by you with caution. It should be carefully 12 examined in the light of the other evidence in the case. 13 This instruction does not apply to the testimony of an 14 expert witness or law enforcement officer."; and 15 RESOLVED, BY THE SENATE OF THE NINETY-THIRD GENERAL 16 ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Illinois 17 Supreme Court to adopt the proposed changes to Illinois 18 Pattern Jury Instruction-Criminal 3.17; and be it further 19 RESOLVED, That a suitable copy of this Resolution be 20 presented to the Honorable Mary Ann McMorrow, Chief Justice 21 of the Illinois Supreme Court.