SJ0009enr 95TH GENERAL ASSEMBLY

09500SJ0009 Enrolled LRB095 10563 RLC 30784 r

SENATE JOINT RESOLUTION NO. 9

WHEREAS, Illinois now holds the distinction of being first in the nation in the number of people exonerated by DNA evidence in non-capital cases; and

WHEREAS, Illinois has made great strides in identifying and attempting to address the causes of wrongful felony convictions in capital cases, but has not extended systemic reforms to non-capital cases; and

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

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

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

WHEREAS, Defendants in non-capital cases do not have the right to counsel on post-conviction, that stage of proceedings in which new evidence supporting a claim of actual innocence can be presented, and therefore are unable to effectively present such a claim; and

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

RESOLVED, BY THE SENATE OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that there is created the Illinois Justice Study Committee, hereinafter referred to as the Committee, consisting of 15 members, and appointed as follows:

(1) Three members appointed by the Governor, 2 of whom shall be experienced in criminal law;

(2) Two members appointed by the President of the Senate;

(3) Two members appointed by the Minority Leader of the Senate;

(4) Two members appointed by the Speaker of the House of Representatives;

(5) Two members appointed by the Minority Leader of the House of Representatives;

(6) One member appointed by the Cook County State's Attorney;

(7) One member appointed by the Office of the Cook County Public Defender;

(8) One member appointed by the Office of the State Appellate Defender; and

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

RESOLVED, That the appointed members shall be from diverse backgrounds so as to reflect the diverse citizenry of Illinois; and be it further

RESOLVED, That the Committee shall review all non-capital wrongful felony conviction cases that have been resolved as of the effective date of this resolution and which resulted from DNA testing; a pardon granted on the basis of actual innocence; and dismissal of charges or acquittals upon a retrial based on relief granted by either the Illinois Appellate or Supreme Courts, or the federal District, Court of Appeals, or United States Supreme Court; and be it further

RESOLVED, That the Committee shall review any other relevant material, identify the most common causes of wrongful felony convictions in non-capital cases, identify current laws, rules and procedures implicated in each type of causation, and identify solutions through research, experts, public hearing, and any other source the Committee deems appropriate; and be it further

RESOLVED, That the Committee shall consider rules, procedures, educational, and legislative reforms that can aid in eliminating future wrongful felony convictions; and be it further

RESOLVED, That the Committee may consider whether the State of Illinois should put into place a procedure for addressing claims of factual innocence prior to appellate review of a conviction; and be it further

RESOLVED, That the Committee shall do a cost analysis of wrongful convictions; and be it further

RESOLVED, That the Committee shall elicit voluntary assistance from educational, legal, civic, and professional organizations and institutions as well as notable individuals; and be it further

RESOLVED, That the Committee shall submit its final report to the Governor and the General Assembly on or before December 31, 2008.