10,838

1

As pointed out in the opinion read by Judge

2

Sherbow, the present language is oratorical as far as the

3

first part of it, the second part of it is mandatory.

4

I would also like to point out in Section 60

5

of Article 3, which the Committee did not even consider --

6

that is, giving the General Assembly the power to suspend

7

a sentence or to have an indeterminate sentence or to

8

release on parole -- was put in the constitution to get

9

around this provision, and this provision has been left

10

out at this point.

11

Therefore, I would assume that if we leave it

12

out, the courts will no longer be able to parole or

13

provide indeterminate sentences or suspend sentences,

14

which is the present practice today.

15

This particular provision has a lot of problems

16

in it. There are states where this language has been

17

held to prevent judicial review of legislative acts,

16

and it should not be in the constitution, at least with

19

the "shall" in there.

20

THE CHAIRMAN: Are you ready for the question?

21

The Clerk will ring the quorum bell.