NASHVILLE, TN — State lawmakers are moving forward with legislation that would expand the state’s death penalty statute to allow the death penalty in certain child rape cases.
On Wed. March 11, the House Judiciary Committee advanced House Bill 1454, which would add 12 new aggravating factors to Tennessee law that prosecutors must prove before a jury can impose a death sentence.
Bill sponsor Greg Martin, R-Hixson, said the measure is intended to close a gap that was discovered after lawmakers authorized the death penalty for child rape last year.
“This bill updates the list of aggravating circumstances to fit the horrific criminal conviction of rape of a child,” Martin said. “In order to sentence a convicted criminal to death, one of these aggravating circumstances must be proven by the state.”
Martin added that the proposal would give juries an additional sentencing option in the most severe cases, not impose capital punishment in every case.
“This would be a matter determined by the jury and gives them an option,” he said. “We want to make sure we have the safest community.”
During committee discussion, Gloria Johnson, D-Knoxville, raised concerns that expanding capital punishment in child sexual assault cases could discourage victims from reporting sexual abuse.
“What I’ve been told by victims is that when the death penalty is on the table, a lot of people don’t report because it’s a family member,” Johnson said. “I feel like anything we do that might prevent a victim from coming forward is very dangerous.”
Johnson also noted that current law already allows offenders to receive life in prison with no possibility of parole.
“The death penalty is not really about preventing reoffending,” she said. “We can already do that with life imprisonment.”
Martin pushed back, saying his primary concern is preventing future abuse.
“My greater concern is that we have child rapists and child molesters on our streets affecting more innocent children,” he said. “This is the worst of the worst that can happen in humanity, and the worst of the worst deserves the most stringent penalty the state of Tennessee can find in a lawful manner.”
In the meantime, Gabby Salinas, D-Memphis, said she remained conflicted about the proposal.
“This is something I’ve been struggling with,” Salinas told Martin, asking whether the legislation would replace life imprisonment or simply add another sentencing option.
Martin clarified that the bill would not replace existing penalties.
With the committee’s approval, House Bill 1454 now moves forward in the legislative process to the Calendar & Rules committee as lawmakers continue debating whether Tennessee should expand the scope of its death penalty law.
This story is part of week long news coverage of the TN General Assembly by the UT-Chattanooga PULSE Project.
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