Springfield, IL - Just a few minutes ago, the Illinois Senate approved Senate Bill 3539 -- ending the broken death penalty system in Illinois. With the earlier House action approving the measure, all that is required for Illinois to become a non-death penalty state is the Governor's signature.

Ten years ago, Illinois adopted a moratorium on executions after more than 15 death row inmates were exonerated and released -- one of whom came within hours of execution. Despite a series of "reforms" over the past decade, even more individuals have been released after they were revealed to be innocent. That is why momentum built toward today's vote to end the broken death penalty system.

Over the past few years -- and especially over the past months and weeks -- we have asked you to contact your state representatives and state senators to support ending the death penalty. We are overwhelmed by your efforts -- producing hundreds of phone calls, thousands of emails and a number of in-person visits with legislators.

Like the recent historic victory creating civil unions in Illinois, this joy and satisfaction we share today would not be possible without the support and participation of ACLU members in every part of the State. With your help and support, there are many more victories in our future.

For today, however, let me simply say "thanks" for being there when we call.

On Thursday afternoon, the Illinois House of Representatives was a raucous place -- with talk of a deal on a tax increase, Medicaid reform and proposed budget cuts all sweeping around the chamber, members created a cacophony of sound that echoed around the huge chamber. But late in the afternoon, as the House began to consider Senate Bill 3539 -- a measure to end Illinois' broken death penalty system -- the chamber became hushed. Every member seemed to grasp the importance of the debate, coming after a decade in which the State of Illinois has operated under a death penalty moratorium because so many innocent men were released from death row.

Rep. Karen Yarbrough and other supporters made clear, concise points in favor of repeal. They noted that the state has spent more than $100 million over the past decade prosecuting death penalty cases, despite the fact that no one has been executed. They also made clear that the death penalty is not a deterrent and that supporting the death penalty means accepting the very real possibility that the state of Illinois will execute an innocent person. Perhaps most compelling were the voices of several previous supporters of the death penalty -- including Reps. Susan Mendoza, Paul Froehlich and Mike Boland -- who said that they no longer could support the risk of executing the innocent. It was compelling and moving.

Opponents of the bill trotted out two familiar but ultimately empty arguments. First they suggested that the only appropriate penalty for those who committed heinous crimes is the death penalty and relied repeatedly on gruesome references to murders in Illinois. These repeal opponents also pushed the notion that law enforcement needed the death penalty as a "tool" to coerce suspects to confess to particular acts. Yet one of the sad realities in Illinois is that we have seen a host of false confessions; confessions elicited by law enforcement using such "tools."

The debate reached a crescendo when Rep. Yarbrough closed her argument saying that the House had a chance to make history and to close the book on Illinois' failed death penalty system.

As the votes were being tabulated, everyone watched with anticipation as the "yes" votes inched up above 50 (with 60 necessary for passage) and then in shock as the count froze at 59 votes in favor. Rep. Yarbrough immediately asked for "postponed consideration" a technical procedure that allows the sponsor time to search for any additional, necessary votes.

After approximately an hour, the measure was called for a second vote where it reached the magic threshold of 60 votes.

So, by that slim margin, Senate Bill 3539 moves to the Senate where it is expected to be considered today or tomorrow (before the new legislature convenes on Wednesday).

Keep your fingers crossed. And keep those calls coming. Illinois may be about to make history.

Cross-posted at the Blog of Rights