Texas House approves death penalty for hardcore repeat offenders

Sorry if this has been posted before.

By JIM VERTUNO Associated Press Writer
© 2007 The Associated Press

AUSTIN — Texas could sentence some hardcore child molesters to death under a bill given preliminary approval Monday by the state House of Representatives.

In a bill designed to crack down on sex offenders who repeatedly prey on children, the House voted to create a new category of crime — continual sexual abuse of a young child or children — that carries a minimum of 25 years to life in prison and possibly the death penalty for a second offense.

The bill represented a compromise after the House delayed a vote on a broader death penalty provision over constitutional concerns and worries it might lead some molesters to kill their victims.

Lawmakers said they talked with district attorneys, defense lawyers and victim advocacy groups before coming back for a vote on Monday.

"This bill is supposed to go after the true pedophiles ... the worst of the worst," said Rep. Dan Gattis, R-Georgetown, a Republican and former prosecutor who drafted the compromise.

"Nothing we do will be more important," Rep. Debbie Riddle, R-Tomball, who filed the original bill, said before the 118-23 vote of approval. The bill still must get a final vote before going to the Senate, which is considering a similar measure.

The bill is named Jessica's Law after Jessica Lunsford, a Florida girl who was abducted and killed. More than a dozen states have passed versions of Jessica's Law to crack down on sex offenders and Gov. Rick Perry has deemed passage of a child sex offender bill a legislative emergency.

The Texas version would make the Lone Star State the sixth to allow some child sex offenders to be sentenced to death, although some legal experts question whether it is constitutional to use the ulimate penalty in cases where the victim did not die.

In 1977, the U.S. Supreme Court threw out the death penalty in a Georgia rape case. Louisiana has one inmate on death row in a child sex crime but the case is still subject to appeals in state and federal courts.

The House bill defines continuous sexual abuse of a young child as more than one sex act committed against a victim younger than 14 over a period of 30 days or more.

The first offense would carry 25 to 99 years in prison. If an offender was released and later convicted of the same crime again, he or she would face life without parole or the death penalty.

Lawmakers created a "Romeo and Juliet" exception to avoid prosecuting a situation that might be a high school romance, such as a 17-year old senior and a 13-year-old freshman engaging in consensual sex. That could still be punishable under statutory rape laws, but not the new, harsher continual assault law.

The bill also removes the statute of limitations for many sex crimes against children, including indecency with a child and aggravated sexual assault. The current limit to bring charges is 10 years after the victim's 18th birthday.

Victim advocates have warned that the death penalty could do more harm than good if they lead perpetrators to kill victims who may be the only witness to the crime.

They also warn that long minimum sentences could make it harder for prosecutors to get victims to cooperate if the perpetrator is a family member. Most sex crimes against children are committed by family members or friends, victim advocates say.

"A family can say Uncle Bob could get the death penalty," said Rep. Harold Dutton, D-Houston, who failed to get the death penalty provision removed. "You will shove a lot of this conduct farther back in the shadows. Children will not come forward."

Gattis said it's a legitimate concern, "but sometimes you've got to say enough's enough."

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Thoughts?

Re: Texas House approves death penalty for hardcore repeat offenders

I'm apt to listen to the reps from victims, saying it may do more harm than good. It has been shown that overall the death penalty is not a detterant to crimes and as some noted in the article, it may prevent vicitims from coming forward.

Re: Texas House approves death penalty for hardcore repeat offenders

I am adamantly opposed to the death penalty so I would not support this bill. I am also not sure how this is going to be consitutional.

Re: Texas House approves death penalty for hardcore repeat offenders

Re: Texas House approves death penalty for hardcore repeat offenders

I read the article a bit quickly, but I thought the bill would allow them to put someone to death for a crime even if they did not kill the victim? If I read it wrong, then I apologize.

It's been a few years since I have taken Constitutional law in law school and I do not practice in that field so my reasoning may be off - I do apologize. But, the 8th Amendment of the US Constitution prevents against cruel and unusual punishment. In Coker v. Georgia, the Supreme Court declared that the death penalty was unconstitutionally excessive for rape of an adult female and, by implication, for any crime other than murder. Now, most of the Bill of Rights are applied to the states through the Due Process Clause. It is referred to as selective incorporation. Now, I do know that states have passed similar bills, they still may not be Consitutional.

ETA: Fixed some spelling

Message edited 3/8/2007 2:56:24 PM.

Re: Texas House approves death penalty for hardcore repeat offenders

screw letting the state of texas do it...give the sex offenders to the parent's of the victim and then justice will be served!!!!!

Re: Texas House approves death penalty for hardcore repeat offenders

Re: Texas House approves death penalty for hardcore repeat offenders

Finally! Maybe a sicko will now think twice about raping and torturing children.

Re: Texas House approves death penalty for hardcore repeat offenders

these SICK &#@(^# can't be reformed and IMO, sex offenders are just as bad as murderers.

Re: Texas House approves death penalty for hardcore repeat offenders

Re: Texas House approves death penalty for hardcore repeat offenders

I have such problems when thinking about the death penalty. I'm really far left on the spectrum when it comes to most political issues, but on a purely emotional level, I sometimes support the idea of the death penalty for repeat offenders. Guess I'm on the fence here...

Re: Texas House approves death penalty for hardcore repeat offenders

I am also against the death penalty, but things like this do test how strongly my belief is.

This statement confuses me:
"The House bill defines continuous sexual abuse of a young child as more than one sex act committed against a victim younger than 14 over a period of 30 days or more."

Why 30 days or more? If they were going to make this a law, wouldn't it just be more than one sex act in any period of time? Is it that the 30 days make it more of a repeat offense?

Even if I did support the death penalty, I see a lot of inconsistencies in how this is applied and I think it will just clog up the courts with appeals. Life imprisonment is an acceptable sentence for me.

I do think lifting the statute of limitations on sexual abuse is a good idea.

Message edited 3/8/2007 6:02:51 PM.

Re: Texas House approves death penalty for hardcore repeat offenders

Re: Texas House approves death penalty for hardcore repeat offenders

Posted by lolagranola

I have such problems when thinking about the death penalty. I'm really far left on the spectrum when it comes to most political issues, but on a purely emotional level, I sometimes support the idea of the death penalty for repeat offenders. Guess I'm on the fence here...