MONTGOMERY — The Alabama House Judiciary Committee approved legislation by State Rep. Matt Simpson (R-Daphne) on Wednesday that would mandate life in prison or the death penalty for those convicted of first-degree rape or sodomy of a child 12 years of age and under.
House Bill 49 (HB49) would require that a person 18 or older convicted of rape in the first degree or sodomy in the first degree, when the victim is under 12, shall be punished to either death or life imprisonment without the possibility of parole. If the offender is under 18, the sentence is life imprisonment without parole or life.
Simpson told the committee that the bill comes amidst a wave of other states seeking to challenge the Supreme Court ruling in Kennedy v. Louisiana, which bars the death penalty in cases that don't involve murder.
"In 2023, Florida challenged that and passed a law similar to this, to where if a child was the victim of rape or sodomy, the punishment could be death," Simpson said. "That passed in Florida in 2023. In 2024, in Tennessee, a similar bill passed."
Simpson said the ruling in Kennedy was based on the Court's opinion that Louisiana's attempt to execute a person not convicted of murder was "unusual" and therefore violated the "cruel and unusual punishment" provisions in the U.S. Constitution. At that time, only six states had provisions offering the death penalty for non-murder offenses. With Tennessee and Florida's new laws, that number is now eight.
Under Simpson's rationale, it could no longer be deemed unusual if more states enacted similar statutes.
State Rep. Ben Robbins (R-Sylacauga) asked if Florida has faced any legal challenges in implementing its own state law.
"So, the short answer is no," Simpson responded. "But what will have to happen is someone actually gets convicted, someone to go through the process of challenging that statute to have standing to challenge it from there."
He continued, "I anticipate Florida will be the first one to get the challenge. If Florida, when they make their brief to the Supreme Court, if they can say, 'Well look at Tennessee. Look at Alabama. Look at these six other states that are doing this as well:' We can support Florida."
The original bill had the age barrier for application at six years old. However, the committee approved an amendment on Wednesday, aligning HB49 with the other state's laws, making the bill's penalties apply to those who offend against a person 12 and under.
After adopting the amendment, the committee approved the bill with only one "no." It will now go to the House of Representatives for a floor vote.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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