ANNAPOLIS, Md. -- The Maryland Senate voted Tuesday to amend a death penalty repeal measure to keep capital punishment on the books while limiting its use to cases with biological or conclusive videotaped evidence.
The Senate voted 33-12 to accept an amendment by Sen. Robert Zirkin, D-Baltimore County, one of many amendments considered by lawmakers.
Under the amendment, either biological evidence such as DNA, a voluntary videotaped confession to a murder or a video recording that conclusively links a defendant to a killing would be needed to seek the death penalty.
The change keeps capital punishment in Maryland while creating stronger safeguards in how it is used, Zirkin said.
"For those of you who are for the repeal of this, you know, you may not get the full repeal and this does move the ball forward," Zirkin said.
Zirkin's amendment was approved after the Senate voted for an amendment by Sen. James Brochin, D-Baltimore County, that would have simply required evidence stronger than eyewitness testimony to bring a capital case.
Sen. Brian Frosh, who chairs the Senate Judicial Proceedings Committee, said Zirkin's amendment improved the bill from the condition it was left in after Brochin's change.
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"I think this amendment improves the bill from the status that we just put it in," Frosh said. "It will provide a greater guarantee if there is a death penalty sought and it provides the state with some additional work that they have to do and some greater protection."
Senators were expected to bring many amendments to the bill.
Earlier Tuesday, the Senate voted 24-23 to consider a death penalty repeal measure after invoking a rarely used legislative maneuver allowing the full Senate to take up legislation, even after the bill failed to be approved by a Senate committee.
