Death penalty abolition moves to governor's desk

[January 12, 2011]  SPRINGFIELD -- The state Senate voted to kill the death penalty on Tuesday, which could lead to Illinois becoming the 16th state to do away with the ultimate punishment.

The Senate passed the measure on a 32-25 vote after a nearly two-hour-long emotional debate on the floor. The measure now moves to the governor's desk for consideration. The Illinois House approved the proposal last week.

If Gov. Pat Quinn signs Senate Bill 3539, then Illinois will join 15 other states that have repealed the death penalty. Usually tagged as a moral topic, the abolition of the death penalty was also pushed as a fiscal issue, which supporters placed at an estimated annual cost of nearly $20 million.

State Sen. Toi Hutchinson, D-Olympia Fields, said countless examples of exonerated death row inmates show that the criminal justice system is broken.

"Executing one innocent person is too high a price to pay," she said.

The legislation calls for money accumulated in the state's Capital Litigation Trust Fund, which helps pay for capital cases, to be moved to a new death penalty abolition fund to assist victims' families and train law enforcement officials.

However, several lawmakers argued for keeping the death penalty.

State Sen. Kirk Dillard, R-Hinsdale, said the law should be kept for the "worst of the worst" crimes.

"Those who murder law enforcement officials or prison guards or children, or the mass murderers, to me, need to have the death penalty in most, if not all, cases," Dillard said.

State Sen. Dave Syverson, R-Rockford, agreed the death penalty should be kept as a tool for law enforcement to use in the most serious of crimes.

"These murderers look into the cameras and are proud and brag about what they're doing," Syverson said. "No, we're not talking about a case where these are innocent. They are not even declaring innocence."

State Sen. William Haine, D-Alton, asked to give the public a chance to decide on the issue by making it a constitutional amendment. Haine said lawmakers are basing their votes on abolishing the death penalty on speculation.

"We can speculate what if something happened and someone got the death penalty. What if the DNA wasn't discovered? What if this, what if that," Haine said. "The judge instructs every juror in a criminal and civil case, you must not speculate."

However, sponsor Sen. Kwame Raoul, D-Chicago, told colleagues they need to make a distinction between the crime and the accused. Former death row inmate Randy Steidl was exonerated after being wrongly convicted of killing two people in 1986.

"Stabbing a victim multiple times -- that's what they accused that man of doing, but he didn't do it," Raoul said, pointing to Steidl, who was sitting in the Senate gallery. "So the argument says that because of the crime, the death penalty should be imposed. He wouldn't be here with us today."

Former Gov. George Ryan placed a moratorium on the death penalty in 2000, following news reports of innocent people serving on death row. Three years later, Ryan commuted the death sentences of 167 inmates to life in prison. There are now 15 inmates sitting on death row.

State Sen. Rickey Hendon, D-Chicago, argued that the death penalty is not a deterrent to crime. Hendon said it is not about being tough on crime, but getting it right.

"You can name all of these horrific crimes, but it is not about those. What about the people who didn't do it? Because when you put someone to death, it's too late," Hendon said. "And then what if the prosecutor says we found who did it, but uh, you know, we're not going to wear the jacket that we sent the innocent person to death. The finality of death. And then when you do the wrongful convictions, guess what? The real perpetrators, they're still out there."

The measure squeaked to House passage last week with the required 60 votes after earlier failing by a single vote. Local prosecutors held a news conference last week to urge lawmakers not to rush to pass the legislation.

Peoria County State's Attorney Kevin Lyons said it was cowardly for lawmakers to push the legislation on the last day of the General Assembly.

"It's really the opportunity for a legislator to be most camouflaged, to be most protected and to have it all junked up in the midst of other issues and not to have a valuable public debate on an issue so important," Lyons said.

Raoul said he plans to meet with the governor to discuss the legislation.

The governor has 60 days to decide on whether to approve or veto the legislation. If Quinn signs the measure, it will be effective July 1.

[Illinois Statehouse News; By DIANE S.W. LEE]