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1 | SENATE JOINT RESOLUTION NO. 9 | ||||||
2 | (As Amended by Senate Amendment No. 1)
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3 | WHEREAS, Illinois now holds the distinction of being first | ||||||
4 | in the nation in the number of people exonerated by DNA | ||||||
5 | evidence in non-capital cases; and | ||||||
6 | WHEREAS, Illinois has made great strides in identifying and | ||||||
7 | attempting to address the causes of wrongful convictions in | ||||||
8 | capital cases, but has not extended systemic reforms to | ||||||
9 | non-capital cases; and
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10 | WHEREAS, The incarceration of an innocent person not only | ||||||
11 | works an injustice against that individual, but also harms | ||||||
12 | society in that the real perpetrator of a crime remains free | ||||||
13 | and able to commit additional criminal acts; and
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14 | WHEREAS, Wrongful convictions result in an erosion of | ||||||
15 | public confidence in the judicial system; and
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16 | WHEREAS, The Appellate Courts review cases only for | ||||||
17 | procedural error and do not provide a forum for presenting | ||||||
18 | claims of actual innocence; and
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19 | WHEREAS, Defendants in non-capital cases do not have the | ||||||
20 | right to counsel on post-conviction, that stage of proceedings |
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1 | in which new evidence supporting a claim of actual innocence | ||||||
2 | can be presented, and therefore are unable to effectively | ||||||
3 | present such a claim; and
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4 | WHEREAS, Defendants against whom the death penalty is not | ||||||
5 | pursued, or for whom the death penalty has been taken off the | ||||||
6 | table, do not have the resources available to adequately defend | ||||||
7 | themselves; therefore, be it
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8 | RESOLVED, BY THE SENATE OF THE NINETY-FIFTH GENERAL | ||||||
9 | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | ||||||
10 | CONCURRING HEREIN, that there is created the Illinois Justice | ||||||
11 | Study
Committee, hereinafter referred to as the Committee, | ||||||
12 | consisting of 17 members,
and appointed as follows: | ||||||
13 | (1) Three members appointed by the Governor; | ||||||
14 | (2) Three members appointed by the President of the | ||||||
15 | Senate; | ||||||
16 | (3) Two members appointed by the Minority Leader of the | ||||||
17 | Senate; | ||||||
18 | (4) Three members appointed by the Speaker of the House | ||||||
19 | of Representatives; | ||||||
20 | (5) Two members appointed by the Minority Leader of the | ||||||
21 | House of
Representatives;
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22 | (6) One member appointed by the Cook County State's | ||||||
23 | Attorney; | ||||||
24 | (7) One member appointed by the Office of the Cook |
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1 | County Public Defender; | ||||||
2 | (8) One member appointed by the Office of the State | ||||||
3 | Appellate Defender; and | ||||||
4 | (9) One member appointed by the Office of the State's | ||||||
5 | Attorneys Appellate
Prosecutor;
and be it further
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6 | RESOLVED, That the appointed members shall be from diverse | ||||||
7 | backgrounds so as to reflect the diverse citizenry of Illinois; | ||||||
8 | and be it further | ||||||
9 | RESOLVED, That the Committee shall review all non-capital | ||||||
10 | wrongful conviction cases that have been resolved as of the | ||||||
11 | effective date of this resolution and which resulted from DNA | ||||||
12 | testing; a pardon granted on the basis of actual innocence; and | ||||||
13 | dismissal of charges or acquittals upon a retrial based on | ||||||
14 | relief granted by either the Illinois Appellate or Supreme | ||||||
15 | Courts, or the federal District, Court of Appeals, or United | ||||||
16 | States Supreme Court; and be it further | ||||||
17 | RESOLVED, That the Committee shall review any other | ||||||
18 | relevant material, identify the most common causes of wrongful | ||||||
19 | convictions in non-capital cases, identify current laws, rules | ||||||
20 | and procedures implicated in each type of causation, and | ||||||
21 | identify solutions through research, experts, public hearing, | ||||||
22 | and any other source the Committee deems appropriate; and be it | ||||||
23 | further |
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1 | RESOLVED, That the Committee shall consider rules, | ||||||
2 | procedures, educational, and legislative reforms that can aid | ||||||
3 | in eliminating future wrongful convictions; and be it further | ||||||
4 | RESOLVED, That the Committee shall consider whether the | ||||||
5 | State of Illinois should put into place a procedure for | ||||||
6 | addressing claims of factual innocence prior to appellate | ||||||
7 | review of a conviction; and be it further | ||||||
8 | RESOLVED, That the Committee shall do a cost analysis of | ||||||
9 | wrongful convictions; and be it further | ||||||
10 | RESOLVED, That the Committee shall elicit voluntary | ||||||
11 | assistance from educational, legal, civic, and professional | ||||||
12 | organizations and institutions as well as notable individuals; | ||||||
13 | and be it further | ||||||
14 | RESOLVED, That the Committee shall submit its final report | ||||||
15 | to the Governor and the General Assembly on or before December | ||||||
16 | 31, 2008.
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