Image Credit: capitol.tn.gov
The Tennessee Conservative [By Paula Gomes] –
A bill that would give the courts the authority to consider the death penalty for child rapists passed the House Criminal Justice Committee yesterday afternoon by a voice vote and now heads to the Government Operations Committee.
The four Democrats on the committee, Representatives Ronnie Glynn, G.A. Hardaway, Gloria Johnson, and Joe Towns Jr. all requested to be recorded as voting No.
Sponsored by Representative William Lamberth (R-Portland-District 44), House Bill 1663 (HB1663) would allow the death penalty to be considered in the “worst of the worst” cases for those convicted of rape of a child, aggravated rape of a child, or especially aggravated rape of a child.
Opposition to the bill voiced by those giving testimony before the committee ranged from fears that the death penalty for child rape would incentivize rapists to kill their victims, that the state would be returning to “failed policies of the 1990s”, and that it would make it even harder for children to disclose what has happened to them as many times the perpetrator is a close family member or other loved one.
Lamberth has said that he doesn’t take the proposed legislation lightly, but believes if someone rapes a child, that they should forfeit their life.
If passed, Lamberth expects that the law would be challenged in the courts, going all the way to the U.S. Supreme Court.
Kennedy V Louisiana in 2007 resulted in the few states that had death penalty statues for child rape on the books, to abolish those standards. A 5-4 Supreme Court ruled that imposing death in a crime that did not result, and was not intended to result, in the death of a child was a violation of the 8th Amendment.
Because Chairman Bud Hulsey (R-Kingsport-District 2) chose to use a voice vote to hide the voting records of committee members from public scrutiny, we can only assume that Chairman Hulsey supports HB1663 and is responsible for its passage. Chairman Hulsey could have used a transparent roll call vote, but opted for a voice vote to shield committee members and himself from accountability, and in this case, responsibility for the passage of this bill’s passage out of committee.
According to a statement made by Representative Jody Barrett (R-Dickson-District 69) on the Mill Creek View Tennessee Podcast, all a legislator has to do in order to have their voice vote recorded is give a thumbs up or a thumbs down to the clerk. This means that it is very easy for legislators to put their vote on the record and create transparency with their constituents if they choose to.
We will continue to follow this bill as it works its way through the legislative process and report any and all updates on its progress.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative.
You can reach Paula at paula@tennesseeconservativenews.com.