SJ0009

LRB095 10563 RLC 30784 r






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SENATE JOINT RESOLUTION


 
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    WHEREAS, Illinois now holds the distinction of being first 
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in the nation in the number of people exonerated by DNA 
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evidence in non-capital cases; and
 
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    WHEREAS, Illinois has made great strides in identifying and 
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attempting to address the causes of wrongful convictions in 
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capital cases, but has not extended systemic reforms to 
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non-capital cases; and

 
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    WHEREAS, The incarceration of an innocent person not only 
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works an injustice against that individual, but also harms 
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society in that the real perpetrator of a crime remains free 
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and able to commit additional criminal acts; and

 
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    WHEREAS, Wrongful convictions result in an erosion of 
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public confidence in the judicial system; and

 
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    WHEREAS, The Appellate Courts review cases only for 
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procedural error and do not provide a forum for presenting 
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claims of actual innocence; and

 
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    WHEREAS, Defendants in non-capital cases do not have the 
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right to counsel on post-conviction, that stage of proceedings 
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in which new evidence supporting a claim of actual innocence 
 


 






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can be presented, and therefore are unable to effectively 
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present such a claim; and

 
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    WHEREAS, Defendants against whom the death penalty is not 
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pursued, or for whom the death penalty has been taken off the 
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table, do not have the resources available to adequately defend 
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themselves; therefore, be it

 
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    RESOLVED, BY THE  SENATE OF THE NINETY-FIFTH GENERAL 
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ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES 
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CONCURRING HEREIN, that there is created the Illinois Justice 
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Study
Committee, hereinafter referred to as the Committee, 
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consisting of 17 members,
and appointed as follows:
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        (1) Three members appointed by the Governor;
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        (2) Three members appointed by the President of the 
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    Senate;
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        (3) Two members appointed by the Minority Leader of the 
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    Senate;
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        (4) Three members appointed by the Speaker of the House 
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    of Representatives;
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        (5) Two members appointed by the Minority Leader of the 
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    House of
Representatives;

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        (6) One member appointed by the Cook County State's 
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    Attorney;
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        (7) One member appointed by the Office of the Cook 
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    County Public Defender;
 


 






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        (8) One member appointed by the Office of the State 
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    Appellate Defender; and
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        (9) One member appointed by the office of the State's 
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    Attorneys Appellate
Prosecutor;
and be it further

 
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    RESOLVED, That the appointed members shall be from diverse 
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backgrounds so as to reflect the diverse citizenry of Illinois; 
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and be it further
 
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    RESOLVED, That the Committee shall review all non-capital 
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wrongful conviction cases that have been resolved as of the 
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effective date of this resolution and which resulted from DNA 
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testing; a pardon granted on the basis of actual innocence; and 
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dismissal of charges or acquittals upon a retrial based on 
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relief granted by either the Illinois Appellate or Supreme 
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Courts, or the federal District, Court of Appeals, or United 
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States Supreme Court; and be it further
 
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    RESOLVED, That the Committee shall review any other 
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relevant material, identify the most common causes of wrongful 
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convictions in non-capital cases, identify current laws, rules 
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and procedures implicated in each type of causation, and 
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identify solutions through research, experts, public hearing, 
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and any other source the Committee deems appropriate; and be it 
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further
 
 


 






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    RESOLVED, That the Committee shall consider rules, 
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procedures, educational, and legislative reforms that can aid 
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in eliminating future wrongful convictions; and be it further
 
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    RESOLVED, That the Committee shall consider whether the 
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State of Illinois should put into place a procedure for 
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addressing claims of factual innocence prior to appellate 
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review of a conviction; and be it further
 
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    RESOLVED, That the Committee shall do a cost analysis of 
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wrongful convictions; and be it further
 
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    RESOLVED, That the Committee shall elicit voluntary 
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assistance from educational, legal, civic, and professional 
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organizations and institutions as well as notable individuals; 
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and be it further
 
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    RESOLVED, That the Committee shall submit its final report 
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to the Governor and the General Assembly on or before June 1, 
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2008.