Tennessee | Death penalty for child rapists clears final legislative hurdle, heads to governor’s desk

NASHVILLE, Tenn. (WKRN) — A controversial bill that would allow the state to seek the death penalty for those convicted of rape of a child passed the House of Representatives Monday, clearing the final legislative hurdle before becoming law in Tennessee.

HB1663, by House Majority Leader William Lamberth (R-Portland), would allow for those convicted of rape or especially aggravated rape of a child in Tennessee to be sentenced to death.

The move received considerable pushback from Democrats, who argued the General Assembly was passing a blatantly unconstitutional law. The bill was also not favored by Sen. Kerry Roberts, who said while he disagreed with the Supreme Court decisions that made and affirmed that the death penalty was considered cruel and unusual punishment, passing the law was not going to help overturn Kennedy v. Louisiana, as some of his colleagues might hope it would.

Despite attempts to amend the bill by Roberts, the Senate adopted the bill 24-5, with Sen. Todd Gardenhire (R-Chattanooga) joining Democrats opposed.

The last stop for the bill in the legislative branch was the House Monday, April 22.

During floor debate, Democrats made the same arguments their Senate colleagues made, pointing out that the death penalty does not serve as a proper deterrent of the heinous crime. Rather, they said, the law would make it more likely victims don’t come forward.

Rep. Aftyn Behn said allowing for the death penalty at all was “incompatible with the right to life,” and having this law on the books would not help victims of the crimes themselves.

Rep. Gloria Johnson echoed Behn’s comments, saying rape of a child and aggravated rape of a child were already crimes that require 100% of sentences be served. Adding in the possibility of the death penalty was not the best way for the state to enforce the crimes.

Lamberth said he understood hesitance for the death penalty generally, but the worst of the worst crimes necessitated the worst punishments in order to serve justice to the victims.

“The atrocities they have suffered deserve the severest of punishments,” he said on the floor of the House.

Ultimately, the bill passed on party lines, 77-19-1, with Clarksville Democrat Ronnie Glynn Present Not Voting.

The bill now heads to Gov. Bill Lee‘s desk for his signature.

Source: htwkrn.com, Erin McCullough, April 22, 2024

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