MONTGOMERY — The Alabama House of Representatives passed the Child Predator Death Penalty Act (HB41) on Tuesday. The legislation allows prosecutors to request the death penalty for those convicted of raping or sodomizing children younger than 12.
The bill sponsor, Rep. Matt Simpson (R-Daphne), described it as a "simple bill" and noted that it passed 86-5 last year. This year, the bill passed with 73 members voting for it, six against, and 17 abstentions.
SEE: Matt Simpson, April Weaver pre-file legislation to give death penalty to child abusers
Rep. Chris England (D-Tuscaloosa) voiced opposition to the bill during debate Tuesday.
"The bill fundamentally is unconstitutional as written," England insisted, citing Kennedy vs. Louisiana and the cruel and unusual threshold.
Under that U.S. Supreme Court ruling, the death penalty is currently applicable only in cases involving the loss of life — such as murder, robbery in which an individual is killed, and others — but Simpson is confident that passing this law in Alabama will force the court to reconsider its precedent.
England insisted that the bill was "cruel" because "traditionally the death penalty is reserved for crimes where the victim dies." He said traditionally it's part of culture or norm not to use death.
"Some people need killing," Simpson said.
"Man, that's tough," England replied.
The two then discussed the Bibb County case, agreeing it was awful.
England spoke at length, saying he feared that in cases when the victim knows their assailant, having the death penalty on the table could discourage the victim from coming forward and participating in that prosecution.
The two discussed the "unusual" part of the bill, with Simpson saying that more states around the nation are passing pieces of legislation to address the horrific crimes and make the death penalty more common, therefore overriding the issue.
At one point in the debate, England challenged Simpson to commit to paying the legal costs associated with the bill if it were challenged in court and struck down, saying that he would pay if the law were challenged and the state prevailed. Simpson said that he spoke to Attorney General Steve Marshall, who believed the state would win a challenge.
The whole debate took approximately an hour.
Following the bill's passage, House Speaker Nathaniel Ledbetter (R-Rainsville) celebrated.
"Anyone who violates the innocence of a child represents the very worst of humanity and has no place in this world,” said Speaker Ledbetter in a statement. “When we talk about crimes like rape, sodomy, or sexual torture of a child, we are talking about the worst of all possible crimes, and I fully believe those who commit them are more than deserving of the worst possible punishment. By passing this legislation, we are standing up for victims across our state and sending a clear message that we will always protect our children.”
“As someone who has prosecuted dozens of these cases, I can say with certainty that the public rarely hears the full horror of what these victims endure,” said Simpson in the statement. “Those who commit these crimes are monsters, and I firmly believe society is safer when they are held fully accountable. There is no question this legislation will face legal challenges, but I believe that standing up to protect Alabama’s children is always a fight worth fighting.”
State Sen. April Weaver (R-Brierfield) is sponsoring the Senate version of the bill.
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