State of Illinois
91st General Assembly
Legislation

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                                           LRB9104922RCksam02

 1                  AMENDMENT TO HOUSE RESOLUTION 60

 2        AMENDMENT NO.     .  Amend House Resolution 60,  on  page
 3    1,  by  replacing  lines 2 through 30 and by replacing all of
 4    pages 2 and 3 with the following:

 5        "WHEREAS, The Illinois  House  of  Representatives  takes
 6    notice  that  judicial  proceedings  have established that at
 7    least eleven innocent persons have been convicted  of  murder
 8    and  sentenced to death under Illinois' current death penalty
 9    law; and

10        WHEREAS, Serious allegations of wrongdoing  have  led  to
11    grand  jury indictments charging local police and prosecutors
12    with official misconduct and perjury in connection  with  the
13    investigation and prosecution of one such capital case; and

14        WHEREAS,  The  federal  racketeering  conviction  of  one
15    Illinois  State  court judge, proven to have taken a bribe in
16    at least one capital case and possibly others, has led  to  a
17    new  trial for the defendants in one such capital case and to
18    review by the United States Supreme Court in another; and

19        WHEREAS, It is imperative that the citizenry of the State
20    of Illinois have confidence  in  the  fairness  and  truthful
21    application of law, especially in capital cases; and
 
                            -2-            LRB9104922RCksam02
 1        WHEREAS,  In order for the State to protect its moral and
 2    ethical integrity, the State must  ensure  a  justice  system
 3    which is impartial and uncorrupted; and

 4        WHEREAS,  The  execution  of  an  innocent  person by the
 5    People of  the  State  of  Illinois  would  be  a  grave  and
 6    irreversible injustice; therefore, be it

 7        RESOLVED,   BY   THE  HOUSE  OF  REPRESENTATIVES  OF  THE
 8    NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS,  that
 9    the  House  of Representatives does establish an independent,
10    non-partisan Task Force on the Death  Penalty  to  study  all
11    aspects  of  the  death  penalty as currently administered in
12    Illinois and not its abolition; and be it further

13        RESOLVED, That the Task Force on the Death Penalty, which
14    shall serve without compensation, shall be  comprised  of  12
15    members;  4 shall be appointed by the Speaker of the House of
16    Representatives; 4 shall be appointed by the  House  Minority
17    Leader;  2 shall be appointed by the State Appellate Defender
18    or his designee; one  shall  be  appointed  by  the  Attorney
19    General  of  Illinois  or  his  designee;  and  one  shall be
20    appointed by the  Director  of  the  Office  of  the  State's
21    Attorneys Appellate Prosecutor; and be it further

22        RESOLVED,  That the Task Force on the Death Penalty shall
23    hold public hearings and call before it witnesses to  testify
24    on issues relevant to the administration of the death penalty
25    in Illinois; and be it further

26        RESOLVED,  That  the Task Force shall report its findings
27    and recommendations regarding the  death  penalty,  including
28    remedies  for  any  deficiencies,  if  any, found by the Task
29    Force,  to  the   Governor,   members   of   the   House   of
30    Representatives,  and  the  Illinois  Supreme Court, no later
31    than 6  months  after  the  date  of  the  adoption  of  this
32    Resolution; and be it further
 
                            -3-            LRB9104922RCksam02
 1        RESOLVED,  That  the  Illinois  House  of Representatives
 2    urges  the  Governor  to  exercise  his  authority  to  grant
 3    temporary reprieves  under  Article  V,  Section  12  of  the
 4    Illinois  Constitution,  and  institute  an immediate halt to
 5    executions  in  the  State  of  Illinois,  and  that  such  a
 6    moratorium on executions remain  in  effect  until  the  Task
 7    Force has issued its findings and recommendations, but in any
 8    event,  no  later  than  6  months after the adoption of this
 9    Resolution; and be it further

10        RESOLVED, That the House of  Representatives  calls  upon
11    the  Supreme  Court  of  Illinois  to  exercise  its judicial
12    discretion under Supreme Court  Rule  613  and  refrain  from
13    setting  any  execution dates until the Task Force has issued
14    its findings and recommendations, but in any event, no  later
15    than  6  months after the adoption of this Resolution; and be
16    it further

17        RESOLVED, That the House of  Representatives  calls  upon
18    the   Illinois   Senate  to  consider  and  adopt  a  similar
19    resolution; and be it further

20        RESOLVED, That a  suitable  copy  of  this  preamble  and
21    resolution  shall  be  presented  to  the Governor, the Chief
22    Justice of the Illinois Supreme Court,  the  State  Appellate
23    Defender,  the Illinois Attorney General, the Director of the
24    Office of the State's Attorneys Appellate Prosecutor, and the
25    President of the Illinois Senate.".

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