ALABAMA (WBRC) – The Child Predator Death Penalty Act has passed both the Alabama House and Senate and is awaiting Governor Kay Ivey’s signature.
Ivey says she plans to sign the bill into law, making certain sex crimes against children under the age of 12 a capital offense punishable by death.
The legislation would make people convicted of certain felony sexual crimes against children in Alabama eligible for the death penalty or life in prison. Those charges include first-degree rape, first-degree sodomy, and sexual torture of a child under 12.
“It would add those three charges to Alabama’s capital offenses. Once it becomes a capital offense, then it gives the state the ability to seek the death penalty if they so choose,” said Matt Casey, Shelby County District Attorney.
However, there is a legal hurdle. In 2008, the U.S. Supreme Court ruled that the death penalty cannot be applied in cases where the defendant did not kill someone. That means any death penalty case filed under this new law would likely be appealed to the nation’s highest court.
Casey says there are strict requirements before a death sentence could be imposed.
“To get to the point where you’re sentencing someone to death, first of all, you have to have a jury of 12 people find them guilty beyond a reasonable doubt. Unanimously,” Casey said.
After a guilty verdict, the case moves to the punishment phase with the same jury. In Alabama, there is no longer judicial override, so the death penalty is exclusively up to the jury and requires a vote of 10 jurors.
Prosecutors say they weigh what is best for the child victim when deciding whether to seek the death penalty.
“One of the main things we consider when it comes to a child’s sex offense is the child,” Casey said.
Casey says these cases can take years to reach trial. If a family believes testifying could set a child back, prosecutors may decide not to seek the death penalty.
“This legislation doesn’t make it automatic. It makes it a capital offense. So another potential penalty would be life without the possibility of parole,” Casey said.
“It is a tool in the toolbox that we can use, that we can seek, when we feel it’s appropriate,” Casey said.
Alabama would be joining five other states in allowing the death penalty for these charges. Supporters say the bill sends a clear message that Alabama does not tolerate crimes against children.
If signed into law, the act will go into effect Oct. 1.
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