Death Penalty

The Texas House passed House Bill 8 yesterday by a vote of 118 to 23.  Among other things, the bill would expand the death penalty to repeat child sex offenders, even if no life is taken.  Three of the representatives who voted against the bill placed their objections on the record.

Representative Coleman:

Though the sanction of the death penalty is available in other states, the constitutionality of using the death penalty in cases that do not include murder has not yet come before the supreme court.  Louisiana is the ony state to have an individual on death row for a sexual offense against a minor, and that case is currently before the courts.  There remains additional concern that if the death penalty is a possible punishment for continuous sexual abuse of a young child or children, the victim may not report the offense for fear of sending a fellow family member to life imprisonment or death.

Representative Miles:

I commend my colleagues' efforts to protect the youth of the State of Texas from sexual predators, but this effort goes too far.  I am voting against HB 8 because I believe that it is unconstitutional to take a life when another life has not been taken.  I am not negating the impact that these heinous acts have on individuals but I believe that this bill will cause more harm than good.  In addition to the constitutional issue, it is my belief that this legislation might prevent some witnesses from coming forward out of concern that their friend, acquaintance, or relative might be put to death.

Representative Rodriguez:

But for the provision that allows for the death penalty for a non-murder offense, I would support this bill.  Child sex offenses are heinous, evil crimes.  No one in the Texas House would argue that point.  But the punishment of life without the possibility of parole is a tough punishment that provides for the safety of Texas children.

...

The intent of HB 8 is praiseworthy--keeping children safe and severely punishing child sex offenders.  However, the implementation of the death penalty should be reserved for murderous crimes, and I believe that the United States Supreme Court would agree with me.

The representatives' full comments and a list of representives voting yea or nay can be found here.  HB 8 next heads for the Senate, where its twin, SB 68, remains in committee.