State representatives are making more changes to the Racial Justice Act. Nearly every prisoner on death row has appealed their execution claiming race played a factor in sentencing thanks to a 2009 law.
Proposed changes restrict which statistics the defendant can use to commute the sentence. Democratic leaders and some attorneys call the re-write a repeal of the law.
"You are requiring there be some kind of smoking gun, some kind of admission by prosecutors that they intended to discriminate based on race, and that just does not happen," Ken Rose of the Death Penalty Litigation Center said.
It passed out of committee 9-6 and goes to the full House for consideration Wednesday night.