BILL NUMBER: SR 44	ENROLLED
	BILL TEXT


INTRODUCED BY   Senator Burton

                        AUGUST 24, 2004

   Relative to administration of justice.


	LEGISLATIVE COUNSEL'S DIGEST
             HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST




   WHEREAS, Since legislation was enacted in 2000 that allows
convicted persons to obtain postconviction DNA testing in California,
a number of people have been exonerated and released from prison
after serving several years in prison, and more than 100 Americans
sentenced to death have subsequently been exonerated and freed from
death row based on DNA testing; and
   WHEREAS, Thorough, unbiased study and review in other states has
resulted in recommendations for significant reforms to the criminal
justice system in order to avoid wrongful convictions and executions,
and California has not engaged in any such review of the state's
criminal justice system; now, therefore, be it
   Resolved by the Senate of the State of California, That the
Members hereby establish the California Commission on the Fair
Administration of Justice; and be it further
   Resolved, That the commission shall have the following duties:
   (1) To study and review the administration of criminal justice in
California to determine the extent to which that process has failed
in the past, resulting in wrongful executions or the wrongful
conviction of innocent persons.
   (2) To examine ways of providing safeguards and making
improvements in the way the criminal justice system functions.
   (3) To make any recommendations and proposals designed to further
ensure that the application and administration of criminal justice in
California is just, fair, and accurate; and be it further
   Resolved, That the commission shall consist of members to be
appointed by the Senate Committee on Rules, which shall also
designate the chair.  The commission shall meet regularly, establish
a staff, hold public hearings, review existing research, commission
new research, and solicit public comments from scholars, judges,
prosecutors, law enforcement, private defense lawyers, public
defenders, elected officials, victims' organizations, authorities in
the criminal justice system, and members of the public; and be it
further
   Resolved, That the members of the commission shall not receive
compensation, but shall be reimbursed for necessary travel expenses
for the purpose of attending meetings of the commission, including
such public meetings as the commission shall schedule, and the
commission shall be funded by private sources; and be it further
   Resolved, That the commission shall meet and make recommendations
to the Legislature and Governor no later than December 31, 2007, on
recommendations on the administration of justice, addressing the
matters set forth herein.