Repealing the Death Penalty in Maryland?

Here's the message I received from (Democrat) Governor Martin OMalley on Facebook regarding yesterday's vote:

On Tuesday, the Maryland State Senate is expected to vote on legislation that would repeal the state’s death penalty and replace it with life without parole. Send a note to your Senator to show your support for a repeal of the death penalty.

Last year, we came together as One Maryland to achieve the second largest reduction in homicides since 1985. The death penalty was on the books—and had absolutely nothing to do with that life-saving work.

As mayor of Baltimore, Governor O’Malley witnessed horrendous crimes that called out for justice. The death penalty was on the books—and did absolutely nothing to prevent these awful crimes or help reduce violent crime by 40 percent.And the death penalty has had nothing to do with our efforts to improve public safety in our communities. It’s been done through innovative policing, expanded DNA fingerprinting, and local and state partnerships.

We’re continuing to make Maryland safer—but we don’t need an expensive and utterly ineffective death penalty to do it.

And here's the emailed newsletter post I received from (Republican) Senator Allan Kittleman:

The Maryland Senate voted to bring the death penalty repeal to the floor during their morning session today. Senator Lisa Gladden (D - Baltimore City) moved that the bill be substituted for the unfavorable report of the Judicial Proceedings Committee. That motion passed by a vote of 25 yeas and 22 nays. I voted Nay.

The next motion was to move the bill to second reader which would give the bill a favorable report by the full Senate. That motion passed by a vote of 24 yeas and 23 nays. I again voted Nay. President Miller announced that the Senate will have a second session today so that amendments may be offered and debated.

Here is the Senate website where you can check out updates http://www.mdsenategop.com/


From just reading these items I thought that the death penalty was proposed to be repealed only to be replaced by life in prison. But in reading the Republican Caucus Website coverage, it says:

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.

I believe that having more stringent guidelines for determining the death penalty is a good thing, but to continue on, not everyone thought so.

"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.

Voting continues today, so I'll keep trying to figure out whether or not we have a death penalty in Maryland and/or if we have just more stringent guidelines for determining it. I know this has nothing to do with housing, but it is interesting!

Updates on the Stimulus Package and More Legislative Updates

Well, there may be some changes to what I blogged last time - here's what I just received from Mike Homberg, a Branch Manager at 1st Mariner Bank:

Here is what has passed and you can see (the) affect (on) our industry:

For qualified home purchases in 2009, the legislation:

Stipulates that the $8,000 tax credit does not have to be repaid, unlike the tax credit passed last summer;
Keeps the tax credit refundable, or claimable regardless of tax liability;
Extends the sunset date from July 1, 2009 until Dec. 1, 2009 so that consumers can utilize it during the critical summer and fall buying months;
Allows tax credit home buyers to participate in the mortgage revenue bond program; and
Permits state housing finance agencies to help buyers at closing by advancing the credit amount as a loan using tax-exempt bond proceeds. (If CDA adopts this, it could be a great opportunity for 1st time buyers because they will have the money upfront to spend.)

So, I don't know yet whether we get $8000 or $15000 for home buyers, but I do know that the National Home Builders Association was saying that it had to be $15000 and was working for that number. We'll wait and see as more changes come up.

I also heard from State Delegate Warren Miller today with a run down on what's happening in Annapolis. They started voting on bills this week, but as there are 1307 bills in the House and another 915 in the State Senate with more to come, they've got their work cut out for them this session. He had some good information about some "Bad Bills" coming up, one for selling garments with fur or other animal products and one for presumption of abandonment on gift certificates. Since it doesn't have to do with housing, I won't post it here, but feel free to write to me or to Del. Miller for more information.

From his email: "The Maryland General Assembly's website address is mlis.state.md.us You are welcome to review all bills that have been filed for this session and then let me know your opinion. I also encourage you to come to Annapolis and make your views heard. You can email me at warren.miller@house.state.md.us to find out more about the Legislative process."

It is our duty and privilege to learn more about our government and how it works. At a course yesterday on 2009 Legislative Updates it was pointed out by a classmate that "some looney" from down the road might really want something done and keeps bugging their legislator until to get rid of them, the legislator may introduce a bill suggesting their (the looney's) idea. (These are technical terms, folks!) If we don't pay attention to what's going on in our government and speak up, then not only might this crazy idea get passed, but it then reflects upon all of us and affects all of us.

I've been told that one call or email from us to our legislators is worth the thoughts of 500 people. So make your voice heard! Speak up for the things that are important to you!