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Panel advances bill proposing death penalty for certain assaults on children amid constitutional debate
Summary
Senate Bill 2821 would make attempted or completed sexual assaults on children under 12 that damage specific organs eligible for capital sentencing; sponsors cite a national trend and seek to challenge Supreme Court precedent, while other members urge vetting with prosecutors and raise Eighth Amendment concerns.
Senate Bill 2821, introduced by Senator England, would designate certain attempted sexual assaults or assaults on a child under 12 that damage specific organs as offenses subject to capital punishment. England said the measure is modeled on similar bills in other states and argued it is a proportionate response to particularly severe offenses.
England described the bill and invoked Kennedy v. Louisiana, saying he disagreed with that Supreme Court decision and hoped the state would join a national effort to challenge the precedent. Senator Wiggins and other members urged caution: Wiggins said the Supreme Court has ruled on the subject and recommended vetting by prosecutors and defense counsel to avoid constitutional problems. "The US Supreme Court has already ruled that a crime like this is unconstitutional," Wiggins said in questioning. Other senators discussed mitigating circumstances and whether the bill's sentencing procedures track existing capital statutes; sponsors said the bill includes review and mitigation language and indicated willingness to consult prosecutors and public defenders.
After extended debate about national consensus, legal standards for cruel and unusual punishment, and procedural safeguards, Senator England moved 'title sufficient, due pass' and the committee approved the motion by voice vote ('The ayes have it').
