Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Capital Trafficking Death Penalty topic
No spam. Unsubscribe anytime.
Committee approves bill to create capital trafficking offense for adults who traffic children under 12; opponents warn of constitutional, practical costs
Summary
CS for SB 1804, presented by Senator Martin, would make certain adult trafficking of children under 12 a capital offense; the measure drew extended debate and multiple public opponents who argued expanding the death penalty to non‑homicide crimes raises constitutional, practical and moral concerns.
Senator Martin presented CS for SB 1804 to create a capital offense for an adult who traffics a child under age 12 or a mentally incapacitated person, telling the committee the bill targets traffickers who employ force, trafficking or sexual exploitation. The sponsor said the statute mirrors elements from earlier capital‑offense provisions and maintains a life felony for offenders under 18 while giving the attorney general authority to appeal sentences in capital trafficking cases.
The committee heard extended public testimony both for and against the bill. Joseph Harmon, representing the Florida Conference of Catholic Bishops, opposed the bill on moral grounds and said the group "opposes this bill because it expands the death penalty." Taylor Bridal, a third‑year law student, told senators she opposed expanding capital punishment to non‑homicide offenses and urged focusing resources on prevention, trauma‑informed services and survivor support. Grace Hannah of Floridians for Alternatives to the Death Penalty said expanding capital punishment to non‑homicide offenses would invite costly litigation, retraumatize victims and is likely unconstitutional under existing U.S. Supreme Court precedent.
Aaron Waite of the Florida Association of Criminal Defense Lawyers testified against the bill, noting the draft itself acknowledges constitutional risk and includes fallback language to convert death sentences to life if the U.S. or Florida Supreme Court deems the law unconstitutional. Waite said the Kennedy v. Louisiana precedent bars the death penalty for non‑homicide crimes and that the bill appears to test that precedent, which could lead to lengthy litigation and retraumatization of victims.
Proponents and several senators said the bill responds to conduct they described as exceptionally depraved and that current penalties are sometimes insufficient to match the severity of the offense. Several committee members debated the bill on moral and constitutional grounds; some voiced firm opposition on religious or ethical bases, while others said the measure is a needed tool and argued the common law historical record supports expanded capital exposure for particularly grave non‑homicide offenses.
The committee adopted an amendment aligning the bill to the House companion and clarifying definitions and procedural cross‑references; the measure as amended was reported favorably.
Public testimony in the record included multiple voices urging the committee to reject the expansion of the death penalty, while sponsor remarks emphasized safeguards, aggravating factors and unanimous jury findings required before a capital sentence could be imposed.
