31 January 2024 :
January 23, 2024 - Bill That Could Enable Tennessee To Impose Death Penalty Sentences For Child Rape Passes House Subcommittee
Today in the Tennessee House Criminal Justice Subcommittee, a bill was proposed that not only would enhance the penalty for child rape in the state of Tennessee, but could lead to enabling other states that would be so inclined, to pass similar laws.
House Bill 1663 (HB1663) carried in The House by Representative William Lamberth (R-Portland-District 44), and in the Senate by State Senator Jack Johnson (R-Franklin-District 27) was presented in subcommittee for their review and consideration.
HB1663 states, “Sentencing – As introduced, authorizes the death penalty as a punishment for rape of a child, aggravated rape of a child, or especially aggravated rape of a child. – Amends TCA Title 39; Title 40 and Chapter 1062 of the Public Acts of 2022.”
While the motivation, and implications for passing such legislation can be observed as relatively self-explanatory, due to a Supreme Court precedent from nearly 20 years ago, passing such a law in Tennessee could lead to an opportunity for cases involving this type of heinous crime to be reconsidered in front of what is now in 2024, an arguably more conservative court.
Back in 2007, Kennedy V Louisiana led to a handful of states that had death penalty statutes for child rape on the books, to abolish those standards. In that case, a 5-4 Supreme Court ruled that to impose death in a crime that did not result, and was not intended to result, in the child’s death was a violation of the 8th Amendment to the Constitution and would be an exercise of “cruel and unusual punishment”.
Because of this precedent, there would likely be challenges to the legislation and Representative Lamberth says that they are prepared exactly for that.
