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Committee advances bill making some child-abuse offenses death-eligible for victims under 12
Summary
Senator Weaver presented HB41 (carried for Rep. Simpson) to make certain first-degree child-abuse and torture offenses death-eligible for victims under 12; witnesses and members debated whether the death penalty would be mandatory or decided in a separate penalty phase; committee gave the bill a favorable report.
The Senate Judiciary Committee advanced HB41 after a lengthy presentation and discussion about whether the measure would make the death penalty mandatory for certain child-abuse cases involving victims younger than 12.
Senator Weaver, presenting the bill for Representative Simpson, said the measure was drafted after a horrific child-abuse ring in his district and would make "first-degree" abuse and certain torture offenses death-eligible when the victim is under 12. "This bill would provide that [first-degree child abuse and torture] ... when the victim is less than 12 years of age," Weaver said in the committee.
Several senators asked whether the death penalty would be automatic upon conviction. Weaver and other presenters said it would not be mandatory. Randy Hillman, a former head of the District Attorneys' Association who said he had tried 13 death-penalty cases, explained the standard capital procedure: "You try it for the guilt or innocence ... If there is a finding of guilt on the underlying offense ... then you move to the penalty phase," and a jury would decide the sentence after considering aggravating and mitigating circumstances.
Lawmakers expressed varied views. Senator Figures and others supported strengthening penalties for the most serious child-abuse cases; Senator Veil said she opposes the death penalty in principle and therefore would vote no despite supporting protections for children. Senator Bill apologized to Representative Simpson for the bill not passing last year and moved for a favorable report; Senator Connolly seconded.
A roll call in the transcript recorded Aye votes by Senator Albritton, Senator Bell, Senator Cornley, Senator Coleman Madison, Senator Elliott, Senator Gavan, Senator Orr, Senator Smitherman, Senator Stutz, Senator Weaver and Senator Barfoot, with Senator Figures recorded as No. The committee chair announced HB41 was given a favorable report. The transcript also records that SP169 had victims' parents in attendance related to prior cases discussed by members.
The bill will proceed to next Senate steps as scheduled by leadership. The transcript does not include the full statutory text, floor amendments, or subsequent scheduling.
