Image Credit: capitol.tn.gov
The Tennessee Conservative [By Adelia Kirchner] –
A bill to authorize the death penalty as punishment for child rapists in Tennessee was placed “behind the budget” during a meeting of the House Finance, Ways, and Means Subcommittee this week.
On February 7th, subcommittee members considered House Bill 1663 (HB1663), sponsored by Rep. William Lamberth (R-Portland-District 44), which would allow Tennessee to prescribe the death penalty to child rapists who were an adult at the time of the crime.
“One of the most heinous crimes anyone could ever experience as a victim and survivor is, as a child, to be raped by an adult,” said Rep. Lamberth. “It is unconscionable to know that we have monsters that live amongst our population.”
Rep. Lamberth went on to reference Kennedy V. Louisiana (2007) which determined that it was “cruel and unusual punishment” to impose the death penalty for a crime that did not result in the death and was not intended to result in the death of the victim.
“The U.S. Supreme Court made a finding that said basically amongst other things, that not enough states had this as a penalty and so they didn’t think any state should have it,” he told the subcommittee. “I think that’s y’all’s decision. You’re the voice of your districts. You get to decide in Tennessee.”
Due to this precedent, passage of HB1663 would likely be challenged in court. Still, Rep. Lamberth believes that the odds are in Tennessee’s favor on this one.
“I think the current Supreme Court is much more 10th Amendment friendly, they’re much more states rights friendly, and I’m confident that this [precedent] could be overturned,” Rep. Lamberth told subcommittee members. “I can’t guarantee you it will, but I think it can be.”
Rep. Lamberth also noted that since introducing HB1663 he has received hundreds of emails from child sexual abuse survivors thanking him for bringing the legislation.
“I hope that later on [HB1663] will come out of this committee,” he said. “It’s a very grave conversation to have when the state is discussing killing one of its own citizens, but the way I see it is if that person has chosen to rape one of our innocent children in this state, then they have chosen to forfeit their own life.”
When Rep. Lamberth finished introducing HB1663, the Finance, Ways, and Means Subcommittee Chair Rep. Gary Hicks (R-Rogersville-District 9) announced that the bill would be placed “behind the budget.”
“Certainly look forward to working with [Rep. Lamberth] to get this piece of legislation across the finish line,” said Rep. Hicks, “but it does have that fiscal impact and so with that, we will have to place it behind the budget and reconsider it at a later day.”
When a bill is placed “behind the budget” it usually means two things: (1) there is significant fiscal impact associated with the bill’s passage; and (2) the bill is not part of the governor’s proposed budget which takes precedence in the appropriations process.
The fiscal note for HB1663 states its passage could result in increased expenditures but that “the extent and timing of any such increases cannot be determined with reasonable certainty.”
The State of Tennessee would also have to foot legal expenses for a court case should the legislation pass.
While it is still possible that HB1663 could be reconsidered later on this session, it is also likely that the legislation will have to be reintroduced next year.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee.
You can reach Adelia at adelia@tennesseeconservativenews.com.
