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	Senate Passes Bill to Allow Death Penalty in Some Molestation Cases Senators Also Approve Bill to Create an Innocence Commission By Mark Lisheron The American-Statesman [Texas] April 25, 2007 http://www.statesman.com/news/content/region/legislature/stories/04/25/25jessica.html The Senate on Tuesday passed a bill that stiffens penalties for a variety of sex offenses against children, including the death penalty for offenders who commit a second serious sex crime. House Bill 8, passed by a vote of 30-1, will now head back to the House for a review of the amended bill and may be considered in a conference committee of Senate and House members before final votes are cast. The House on March 5 passed a version of the bill by a vote of 123-18 after prosecutors, defense attorneys and advocacy groups on both sides of the death penalty debate had voiced concerns. Sen. Bob Deuell, R-Greenville, who made revisions to the Senate version, said the bill also addresses a case pending with the U.S. Supreme Court that may decide whether it is constitutional to punish with the death penalty for crimes short of murder. Deuell's bill is written as a trigger, to go into effect should the court rule in favor of the death penalty in such cases. "I can think of no more solemn duty than the protection of our children," Deuell said. Deuell thanked Lt. Gov. David Dewhurst, whose call for a "Jessica's Law" for Texas was a chief issue in his campaign for re-election in November. Jessica's Laws, named for a Florida child who was abducted, raped and buried alive, have been passed in various forms in a dozen states. "This bill sends a message, 'Don't mess with our children in Texas,' " Dewhurst said. Deuell also praised senators, some of whom, he said, have reservations about the death penalty. Sen. Rodney Ellis, D-Houston, who said he supports the death penalty, was the single vote against Jessica's Law. Ellis expressed concern for those who have been wrongfully convicted of capital crimes. After the Jessica's Law vote, the Senate approved Ellis' bill calling for the creation of an Innocence Commission to look into such cases. "All of us have to make tough choices, but we have to decide where we draw the line between what is politically right but morally wrong," Ellis said. A prosecutor can ask a jury to consider the death penalty for a person facing a second conviction for aggravated crimes against children under 14. The crimes include penetration of sexual organs of a child and rape of a child. The alternative for the conviction on a second offense is life without parole. The law offers no chance of parole or deferred adjudication for these convictions. The new bill calls for minimum sentences of 25 years for aggravated sexual assault of a child and for a newly created offense, continued sexual abuse of a child. The bill also removes the statute of limitations for children under 17 to report child sexual assault and aggravated sexual assault and indecency with a child when there is sexual contact. Contact: mlisheron@statesman.com
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