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  Death Penalty Is OK'd for Molesters

By R.A. Dyer
Fort Worth Star-Telegram [Austin TX]
March 6, 2007

http://www.dfw.com/mld/dfw/news/legislature/16843443.htm

Child molesters who strike repeatedly over 30 days or more would get mandatory sentences of 25 years in prison under legislation given the green light Monday by the Texas House.

House Bill 8, by Rep. Debbie Riddle, R-Tomball, allows prosecutors to seek the death penalty for a second conviction, and it removes the statute of limitations for a host of sex offenses against children.

The House passed the bill 118-23, after debating it for much of the afternoon. Among the Tarrant County delegation, only Fort Worth Democrat Lon Burnam voted against it.

"At some point in time, you have to say enough is enough," said Rep. Dan Gattis, R-Georgetown, who drafted the compromise version adopted Monday. "Under these most egregious crimes, it's warranted to have these penalty ranges there."

But Rep. Ellen Cohen, one of the few lawmakers with extensive experience dealing with sexual-assault victims, said the legislation will cause greater trauma for them. The Houston Democrat noted that most sexual offenses are committed by relatives and said young victims should not be put in the position of testifying against them.

"It's not enough that they had to be through the travesty of sexual assault, but now they have to be pressured by a family member not to testify because the [state] would put them to death," said Cohen, executive director of the Houston Area Women's Center.

The legislation is known as Jessica's Law after 9-year-old Jessica Lunsford, who was abducted from her Florida home and then raped and slain in early 2005. The case received national attention and prompted tougher laws against child molesters in more than two dozen states.

It's also been a priority for Lt. Gov. David Dewhurst, who has pushed an alternative version in the Senate. Gov. Rick Perry has put the legislation on the fast track, meaning it would become law as soon as it's passed and signed.

As adopted Monday in the House, the legislation creates a new offense known as "continuous sexual abuse of a young child or children," which carries special penalties for those who commit more than one sexual assault against a child or children over 30 days or more. Riddle said this would indicate that the perpetrator is a habitual predator. "They prey on our children," she said.

A first conviction would carry a 25-year minimum sentence. A second would be punishable by death or life without parole.

Rep. Harold Dutton, D-Houston, proposed removing the death-penalty provision, which he said would discourage prosecutions. It did not pass.

"These cases will go so underground that it won't get reported," Dutton said. "Texas will be a leader in the nation for having a criminal justice system that is just criminal."

The bill faces a final vote in the House before going to the Senate.

R.A. Dyer, 512-476-4294 rdyer@star-telegram.com

 
 

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