Image Credit: capitol.tn.gov
The Tennessee Conservative Staff –
The Senate Judiciary Committee has moved a bill forward that will allow the death penalty in cases of child rape.
Senate Bill 1834 (SB1834), sponsored by Senator Jack Johnson (R-Franklin-District 27), would authorize the death penalty as a punishment for “rape of a child, aggravated rape of a child, or especially aggravated rape of a child.”
The bill was presented to the committee by Senator Ken Yager (R-Kingston-District 12)
Committee members brought two amendments forward on the bill, neither of which was passed.
Senator London Lamar (D-Memphis-District 33) raised an amendment to have the state provide mental health counseling for victims when the defendant is sentenced to death, noting that “knowing that the person they are accusing is going to die…that is a lot of pressure we are putting on children.”
Yager argued that the trauma has already occurred at the time of the rape, so he considered the amendment to be unfriendly and a disruption to the bill. The committee voted to table that amendment.
Also considered unfriendly was an amendment by Senator Kerry Roberts (R-Springfield-S-District 23). Roberts’ amendment would not remove the death penalty but would clarify the definition of what had happened to the victim by requiring biological evidence as opposed to only circumstantial evidence.
After extensive testimony from the District Attorney’s office, several lawyers, and child advocates, Senator Lamar made a motion to send the bill to summer study to allow for more research and greater consideration of the information that was presented.
Ultimately, the committee voted against sending the bill to summer study and went on to vote on the bill itself.
In final statements, both Roberts and Chairman Todd Gardenhire (R-Chattanooga-District 10) noted that a vote against the bill did not mean a member was opposed to the death penalty for cases of rape but instead that they were opposed to the bill itself as written.
Roberts adamantly stated that he was all in favor of issuing the death penalty as a punishment for those charges but he could not support it because too many of those cases were based on circumstantial evidence.
Gardenhire called for a vote, and the bill passed with 5 ayes and 4 nays. Voting against the bill were Gardenhire, Lamar, Roberts, and Senator Sara Kyle (D-Memphis-District 30).
The bill has been referred to the Senate Calendar Committee.
It is worth noting that the companion House Bill 1663 (HB1663), sponsored by Representative William Lamberth (R-Portland-District 44) was placed behind the governor’s budget on February 7.
