Floor Amendments Preserve Death Penalty in Maryland (So Far) 3-03-09

Proving the point that committee work is best done in a standing committee and not on the Senate floor, the Senate approved two amendments to SB 279 - Criminal Law - Death Penalty - Repeal that gutted the repeal provisions of the bill and substituted stricter requirements before the death penalty can be applied in a criminal case.

First, Senator James Brochin (D - Baltimore County) offered an amendment to strip the repeal provisions but to require that a defendant could not be sentenced to the death penalty solely on the basis of eyewitness evidence. Under Brochin's heightened requirements, prosecutors would have to provide physical evidence in addition to any eyewitness testimony before the death penalty applied. This amendment passed by a vote of 25 yeas and 21 nays.

Second, Senator Robert Zirkin (D - Baltimore County) offered an amendment that provided more specific requirements for physical evidence that must be introduced before a defendant can be sentenced to a death penalty. The Zirkin provisions require that a prosecutor introduce either: (1) biological or DNA evidence; (2) a videotaped voluntary interrogation and confession of the defendant; or (3) a video-recording that conclusively links the defendant to the murder. This amendment passed by a vote of 33 yeas and 12 nays.

After adoption of these amendments, action on additional amendments floundered as Senators requested an explanation of the impact of prior amendments. When informed that the bill no longer contain repeal provisions, several anti-death penalty members expressed dismay at the course of the floor proceedings.

"What we are getting is a real mess!" bemoaned Senator Delores Kelly (D - Baltimore County). President Pro Tem Nathaniel McFadden added, "This is not one of the high points" of the Maryland Senate.

After about an hour of tumoil on the Senate floor, Senator EJ Pipkin (R - Cecil, Kent, Queen Anne's & Caroline) move to recommit the bill back to the Judicial Proceedings Committee. The motion to recommit failed on a tie vote of 23 to 23.

When the next amendment was offered by Senator David Harrington (D - Prince George's), a motion was made by Senator Pipkin to lay the amendment over with the bill under the rules. During the first 80 days of session, a motion to lay over until the next day is automatic.

The Senate recessed and will re-convene to continue the death penalty floor action at 9:00 a.m. tomorrow.

Unofficial Floor Votes on the Two Adopted Amendments

SEQ NO. 293 MAR 3, 2009 4:17 PM

                               Senate of Maryland

   2009 Regular Session

             SB 279 Special Orders

   Sen. Gladden

   Criminal Law - Death Penalty - Repeal

  Floor Amendments BROCHIN /703826/2

      PRESIDING: MR.PRESIDENT
      LEGISLATIVE DATE
      MAR 3, 2009

          25 YEAS 21 NAYS 0 EXC 1 NOT VOTING 0 EXCUSED (ABSENT)

      VOTING YEA - 25

       MR.PRESIDENT EDWARDS JACOBS                 MOONEY

   ASTLE                        GARAGIOLA KASEMEYER         MUNSON

   BRINKLEY                  GLASSMAN KITTLEMAN ROBEY

   BROCHIN                   GREENIP                KLAUSMEIER         SIMONAIRE

   COLBURN                  HAINES                   KRAMER                 STOLTZFUS

   DELLA                        HARRIS                   MIDDLETON STONE

   DYSON

   VOTING NAY - 21

       CONWAY HARRINGTON MADALENO PIPKIN

   CURRIE                 JONES                      MCFADDEN PUGH

   DEGRANGE         KELLEY                    MUSE                      RASKIN

   EXUM                     KING                         PETERS                  ROSAPEPE

   FROSH                  LENETT                    PINSKY                    ZIRKIN

   GLADDEN

      NOT VOTING - 1

       FOREHAND

      EXCUSED FROM VOTING - 0
      EXCUSED (ABSENT) - 0

------------------------------------------------------------------------------------------------------------------------
SEQ NO. 294 MAR 3, 2009 4:39 PM

   Senate of Maryland
   2009 Regular Session

             SB 279 Special Orders
   Sen. Gladden
   Criminal Law - Death Penalty - Repeal

             Floor Amendments ZIRKIN /553820/3

  PRESIDING: MR.PRESIDENT
      LEGISLATIVE DATE
   MAR 3, 2009

   33 YEAS 12 NAYS 0 EXC 2 NOT VOTING 0 EXCUSED (ABSENT)

   VOTING YEA - 33

   MR.PRESIDENT EXUM                   KITTLEMAN PUGH
   BRINKLEY                  FOREHAND         KRAMER                RASKIN
   COLBURN                  FROSH                  LENETT                 ROBEY
   CONWAY                    GLADDEN           MADALENO           ROSAPEPE
   CURRIE                      HARRINGTON       MCFADDEN         SIMONAIRE
   DEGRANGE              JACOBS                MUNSON               STOLTZFUS
   DELLA                       JONES                   PETERS                 STONE
   DYSON                       KING                      PINSKY                   ZIRKIN
   EDWARDS

   VOTING NAY - 12

   ASTLE                  GLASSMAN HARRIS                    MIDDLETON
   BROCHIN GREENIP                KASEMEYER MOONEY
   GARAGIOLA        HAINES                   KLAUSMEIER PIPKIN

   NOT VOTING - 2

   KELLEY MUSE

   EXCUSED FROM VOTING - 0
      EXCUSED (ABSENT) - 0