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An Alabama bill that would add rape and sodomy of a child under 12 years old to the list of capital offenses in the state passed during a committee hearing on Tuesday.
Under the current law, rape and sodomy in the first degree are both Class A felonies with punishment up to life in prison without the possibility of parole.
HB49, sponsored by Rep. Matt Simpson, R-Daphne, would allow prosecutors to seek the death penalty in these cases.
The original version of the bill stated that if the victim is younger than six years old, the individual could be charged with capital rape and sodomy. Simpson said a bipartisan amendment was filed to raise the age to 12 after the House Judiciary Committee proposed the substitution.
Sen. Rodger Smitherman, D-Birmingham, voiced concerns about implementing the death penalty for personal crimes committed while the victim is still living.
“From an emotional standpoint and from how I would feel, the punishment meets the crime. From a practical purpose, the punishment doesn’t match the crime,” said Smitherman.
Simpson explained that the current practices in place for capital murder would apply here as well. A prosecutor would have to seek the charge of capital rape or sodomy, a jury would make the determination of guilt and, ultimately, the punishment.
Sen. Vivian Figures, D-Mobile, noted that although she supports the bill’s goal, she has reservations about expanding the use of capital punishment.
“I thank you for bringing this with the heart to make sure people pay the penalty for doing such a terrible crime against our children. But I can’t vote for the death penalty,” said Figures.
The bill passed the Senate Judiciary Committee 7-3-1, with Smitherman abstaining.
