The state Senate Thursday halted a move by the House to allow judges to impose the death penalty without a unanimous jury verdict.
The original Senate bill was meant to give prosecutors more leeway to pursue life without parole sentences in some capital cases, including felony murder. However, in a surprise move, the House added a provision that would have allowed judges to sentence defendants to death even if one or two members of the jury voted against it.
Speaking from the well, Republican Preston Smith of Rome said the measure would destroy the death penalty law.
"But now, if the jury is unable to reach a unanimous verdict, then the judge asks what their last vote was. They have made no recommendation. And whatever their last vote was, he dismisses them and he imposes a sentence of death, life without parole, or life".
In a 44-7 vote, the Senate rejected the House amendment. The two sides must now reach a compromise or abandon the measure altogether.
--from Valarie Edwards at the Capitol
The original Senate bill was meant to give prosecutors more leeway to pursue life without parole sentences in some capital cases, including felony murder. However, in a surprise move, the House added a provision that would have allowed judges to sentence defendants to death even if one or two members of the jury voted against it.
Speaking from the well, Republican Preston Smith of Rome said the measure would destroy the death penalty law.
"But now, if the jury is unable to reach a unanimous verdict, then the judge asks what their last vote was. They have made no recommendation. And whatever their last vote was, he dismisses them and he imposes a sentence of death, life without parole, or life".
In a 44-7 vote, the Senate rejected the House amendment. The two sides must now reach a compromise or abandon the measure altogether.
--from Valarie Edwards at the Capitol
