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                                                      PRINTER'S NO. 2254

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE RESOLUTION

No. 381 Session of 2006


        INTRODUCED BY GREENLEAF, COSTA, LEMMOND, O'PAKE, BOSCOLA, FERLO,
           BROWNE, C. WILLIAMS, PILEGGI, MUSTO AND DINNIMAN,
           NOVEMBER 20, 2006

        REFERRED TO RULES AND EXECUTIVE NOMINATIONS, NOVEMBER 20, 2006

                                  A RESOLUTION

     1  Directing the Joint State Government Commission to establish an
     2     advisory committee to study the underlying causes of wrongful
     3     convictions and to make findings and recommendations to
     4     reduce the possibility that in the future innocent persons
     5     will be wrongfully convicted.

     6     WHEREAS, Nationally more than 180 individuals have been
     7  exonerated through postconviction DNA testing, and some of those
     8  individuals spent time on death row; and
     9     WHEREAS, At least eight individuals have been exonerated in
    10  Pennsylvania through postconviction DNA testing, three of whom
    11  were in prison for murder and one of whom was on death row; and
    12     WHEREAS, It is important for us to understand why these
    13  individuals were wrongfully convicted and how wrongful
    14  convictions may be avoided in the future; and
    15     WHEREAS, Not only is it a great injustice to imprison an
    16  innocent person, but by incarcerating an innocent person, it is
    17  likely that a guilty person remains capable of committing
    18  additional crimes; therefore be it
    19     RESOLVED, That the Senate direct the Joint State Government

     1  Commission to establish an advisory committee to study the
     2  underlying causes of wrongful convictions so that the advisory
     3  committee may develop a consensus on recommendations intended to
     4  reduce the possibility that in the future innocent persons will
     5  be wrongfully convicted in this Commonwealth; and be it further
     6     RESOLVED, That the advisory committee be comprised of
     7  approximately 30 members and represent at least the following
     8  constituencies: prosecution, defense, law enforcement,
     9  corrections, judiciary and victim assistance; and be it further
    10     RESOLVED, That the advisory committee may include
    11  representatives of academia, the faith community, private and
    12  public organizations involved in criminal justice issues and
    13  other criminal justice experts; and be it further
    14     RESOLVED, That the advisory committee review cases in which
    15  an innocent person was wrongfully convicted and subsequently
    16  exonerated, review any other relevant materials, identify the
    17  most common causes of wrongful convictions, identify current
    18  laws, rules and procedures implicated in each type of causation,
    19  and identify through research, experts and discussion potential
    20  solutions in the form of legislative, rule or procedural changes
    21  or educational opportunities for elimination of each type of
    22  causation; and be it further
    23     RESOLVED, That the advisory committee consider potential
    24  implementation plans, cost implications, including possible
    25  savings, and the impact on the criminal justice system for each
    26  potential solution; and be it further
    27     RESOLVED, That the advisory committee report to the Senate
    28  with its findings and recommendations no later than November 30,
    29  2008.

    J19L82DMS/20060S0381R2254        - 2 -