Death Penalty Bill For Serious Child Sex Abuse Goes to Governor
A bill passing the senate today now goes to Gov Ivey for her signature. It is being called a victory for children.
When the story of children being sexually abused in an underground storm shelter in Bibb County broke last year, it got national and international attention. Here in Alabama, it got the attention of State Senator April Weaver (R-14) and a number of other lawmakers in both houses of the Alabama Legislature.
Weaver, who represents Bibb County, filed Senate Bill 17 with the backing of Cottondale State Senator Gerald Allen (R-21). It elevates rape in the first degree, sodomy in the first degree, and sexual torture of victim less than 12 years of age to a capital offense.
A companion bill, House Bill 41, passed in the lower chamber last week and in the senate today, despite concerns by Democrats that it may be unconstitutional. The house bill was sponsored by Rep. Matt Simpson, (R-96) and co-sponsored by West Alabama Republican house members Bryan Brinyark, Bill Lamb, Ron Bolton, and Russell Bedsole.
“I believe there’s a special place in hell for people who do this to our children, and today, we’re one step closer to having a special place for them in Alabama, and that’s on death row,” Weaver said on the senate floor, upon passage of the bill.
Gov. Ivey, in her State of the State address, has already indicated she will sign the legislation into law, meaning it could become law this October. But that will most likely spark another battle in court.
The bill's primary obstacle is the 2008 Supreme Court decision in Kennedy v. Louisiana, which struck down state capital punishment for child rape. Several states have challenged this, passing similar laws to the Child Predator Death Penalty Act in Florida, Oklahoma, Idaho, Tennessee and Arkansas.
With today's bill passage, Alabama Attorney General Steve Marshall is vowing to join the challenge. Last October Marshall issued his pledge, ""Alabama has long been a leader in standing up for the rule of law and for the protection of children. I am proud to stand with President Trump and my fellow attorneys general in fighting for laws that reflect the seriousness of this evil and deliver justice for its victims. We must use every tool at our disposal to protect children, deter predators, and impose just punishment. Alabama will not hesitate to do its part.”
The American Civil Liberties Union of Alabama has fought the bill, calling the death penalty cruel and unusual punishment where the victim did not die.
Marshall and the other Republican AGs believe they have a good chance of overturning Kennedy v. Louisiana because of the conservative majority on the high court.
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