Senate passes version of Jessica's Law

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Legalized murder. I do not believe in the death penalty for anyone, regardless of their crime. Murder is murder.

04/24/2007

AUSTIN — The Texas Senate on Tuesday passed its version of "Jessica's Law," a get-tough measure on sexual predators that includes a possible death penalty for those who are twice convicted of raping children under 14.

"I can think of no more solemn duty than the protection of our most innocent and vulnerable citizens," said Sen. Bob Deuell, the Greenville Republican who sponsored the measure.

The bill creates new categories of sexually violent offenses against children under 14, breaking out new categories for crimes committed involving kidnapping, date rape drugs, deadly weapons and cause serious bodily injury. Such crimes, or any aggravated sexual assault on a child under 6, automatically carry a minimum sentence of 25 years in prison.

A second offense carries life in prison or the death penalty.

The bill also enhances punishments for most sex crimes against children and extends the statute of limitations for prosecution.

"We want to deter people. We don't want victims. But if a crime happens, we want to give our prosecutors the tools to make convictions," Deuell said.
- When will people ever realize no matter how tough on crime, all the zero tolerance, all the registries in the world will not prevent a murderer from murdering, a thief from stealing, a dealer from dealing, a user from using, a rapist from raping....accusations on any sex crime, child abuse, or domestic violence will literally nail your butt to the wall! No DNA has to be present, No violence has to be present..... HEARSAY ALONE IS LITERALLY NAILING THOUSANDS AND THOUSANDS OF PEOPLE TO THE WALL BECAUSE THESE LAWS ARE BIASED.

The bill is named Jessica's Law after Jessica Lunsford, a Florida girl who was abducted and killed. More than a dozen states have passed versions of Jessica's Law to crack down on sex offenders, and Texas Gov. Rick Perry deemed passage of a child sex offender bill a legislative emergency.

Texas' version would make it the sixth state to allow some child sex offenders to be sentenced to death.

Critics have questioned whether the death penalty is constitutional in cases where the victim does not die. In 1977, the U.S. Supreme Court threw out the death penalty in a Georgia rape case. Louisiana has one inmate on death row in a child sex crime, but the case is still subject to appeals in state and federal courts.

Sen. Rodney Ellis, D-Houston, the only dissenter in the 30-1 vote, questioned whether the state should expand death row at a time when post-conviction DNA testing has exonerated people who went to prison for crimes they did not commit.

Just two weeks ago, the Senate hosted two men who served 27 years in prison for sexual assault but were later cleared by DNA testing.

"All of us have to make tough choices, but at some point we have to decide where do we draw the line on something that's politically right but morally wrong," Ellis said. "I'm for the death penalty, but I think it would be nice if we had a system where we got the right one."

The Texas House passed a different version of Jessica's Law last month that also includes the death penalty in some child sex cases.

The House bill allows broader use of the death penalty for two convictions of a newly classified crime, "continuous sexual abuse of a young child," defined as more than one sex act committed against a victim younger than 14 over a period of 30 days or more.

The Senate bill creates the same crime but would carry a sentence of up to life in prison after a second offense.

Victim advocates have warned that the death penalty could do more harm than good if they lead perpetrators to kill victims who may be the only witness to the crime.

They also warn that long minimum sentences could make it harder for prosecutors to get victims to cooperate if the perpetrator is a family member. Most sex crimes against children are committed by family members or friends, victim advocates say.

A statement issued by the Texas Association Against Sexual Assault said the longer sentences are unlikely to serve as a deterrent against sex crimes.

"In reality, sex offenders are some of the most manipulative, intelligent and predatory of all violent criminals. Harsher punishments will not prevent Texas children, men or women from falling victim to sexual violence," the group said, adding that lawmakers should spend more money on victims' services. "The Legislature's work on sexual violence is not complete."

Fairness 2007 Legislative Summary (04/23/2007)

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Fairness for Prisoners’ Families

2007 Georgia General Assembly

Legislative Summary - April 23, 2007

The 2007 Georgia General Assembly came to a close on Friday night. The Governor is expected to announce details this week of a Special Session to address the budget for the last two months of 2007.

Fairness for Prisoners’ Families and the Southern Center for Human Rights owe a debt of gratitude to our friends and colleagues at the Georgia Association of Criminal Defense Lawyers, the American Civil Liberties Union of Georgia, Georgians for Alternatives to the Death Penalty, and the Georgia Innocence Project. To quote Mother Jones, “We do not want to find fault with each other, but to solidify our forces and say to each other: ‘We must be together; our masters are joined together and we must do the same thing.’"

Thanks to all the members of Fairness and the readers of this bulletin who took action this session. Thank you for your solidarity!

Two victories this year addressed wrongful convictions. House Resolution 352 creates the House Study Committee on Eyewitness Identification Procedures. HR 352 was introduced by Rep. Stephanie Stuckey Benfield (D-Dekalb) to allow for a process for the legislature to thoroughly explore Georgia's procedures for eyewitness identification. This comes in the wake of Willie O. "Pete" Williams' exoneration in January after more than 21 years in prison on a wrongful rape conviction has raised the issue of eyewitness error for the second year. All six of the men whose convictions have been thrown out by DNA evidence in Georgia were prosecuted based on eyewitness testimony. Additionally, House Resolution 102 gives $1.2 million compensation after being wrongfully incarcerated for 25 years to Robert Clark, exonerated by DNA evidence in 2005.

Sometimes the victories of a legislative session can be better measured by looking at the bad laws that did not pass. Below are some of these bad bills that we were able to stop this year:

HB 185 would have allowed death penalty verdicts to be handed down with only 9 of the 12 jury members in agreement. There was tremendous opposition to this legislation and compelling testimony presented in committee from attorneys (including former prosecutors) , faith-based organizations, and Georgia citizens. This bill was ultimately struck down unanimously by the members of the Senate Judiciary Committee in the last week of the session.

SB 129 would have allowed for the Georgia Department of Corrections (GDC) to charge people in prison co-payments for medication. However, we know that no one in Georgia prisons can earn money; so ultimately, SB 129 was ultimately an additional tax on the families who have a loved one in prison. Members of Fairness testified against this measure in a Senate committee and rather than passing the bill, the committee placed the bill in a subcommittee (that we’re happy to say never met) to be studied further.

HB 527 would have allowed for private probation companies to supervise people convicted on nonviolent felonies and charge them a minimum $50 monthly supervision fee. Currently, private probation companies supervise misdemeanors, charge “supervision” fees of around $30 per month that most people cannot afford, offer no actual supervision, and charge extra if the person is required to attend drug treatment or other counseling. We joined Judges, Sheriffs, and the GDC in opposition to this measure and succeeded in stopping the bill from expanding private probation.

SB 1 would have made it illegal for people on the sex offender registry to take photographs of minors. It allowed for no exceptions for parents on the registry taking pictures of their own children nor did it excuse unintentional photographing of children in public places. As this legislation made its way through the legislature, our allies succeeded in amending the language to allow for pictures to be taken if the child’s parent consents. Ultimately, the House did not take action on this bill.

Here is the list of bills that were still pending as the session came to an end along with their current status:

Corrections Bills

• HB 313: Moves the Prison Industry Enhancement (PIE) Program under the jurisdiction of the Georgia Correctional Industries Administration. Passed both Houses and now awaits Governor's signature.
• SB 34: Prohibits a person in prison for a sex offense from possessing a photograph of the victim of the offense for which he or she is serving time. Passed both Houses and now awaits Governor's signature.
  

Sex Offense Bills

• HB 314: Requires that people convicted of certain sex offenses who receive a sentence of probation to provide DNA samples. Language from SB 1 and SB 249 was removed on the Senate floor. Passed both Houses and now awaits Governor's signature.
• SB 1: Prohibits people on the sex offender registry to take pictures of children. It does allow parents to consent to someone on the registry (including themselves) taking photos of their children. It also guards against the taking of pictures of children who might accidentally wander into a scene. Did not pass in 2007 General Assembly but can still be considered in 2008 session.
• SB 54: Re-writes the incest statute to be gender neutral. Passed as included in HB 314.
• SB 249: Sheriff’s Association Legislation that clarifies and changes some registration requirements. Also includes a provision to allow for elderly and disabled people to petition the court to be exempt from residency restrictions. Did not pass in 2007 General Assembly but can still be considered in 2008 session.
  

Criminal Procedure, Sentencing, and Death Penalty Bills

• HB 185: Allows a judge to impose a death sentence on a defendant even if two jurors vote against it. Did not pass in 2007 General Assembly but can still be considered in 2008 session.
• HB 197: Abolishes Georgia’s Sentence Review Panel. Passed both Houses and now awaits Governor's signature. Now includes language from SB 97.
• HR 352: Creates the House Study Committee on Eyewitness Identification Procedures. Adopted by the House
• SB 97: Requires lawyers to state with specificity their objections to the jury charges prior to deliberations, or waive them. Passed as part of HB 197.
• SB 145: Allows for prosecutors to seek life without parole sentences for murder without having to seek the death penalty. Did not pass in 2007 General Assembly but can still be considered in 2008 session.
  

Indigent Defense

• HB 586: Limits the amount of money that the state must pay for capital defense; the county must pay the balance. Passed both Houses and now awaits Governor's signature.
• SB 139: Transfers the Georgia Public Defender Standards Council from the judicial branch to the executive branch. Passed both Houses and now awaits Governor's signature.
  

If you have any questions or concerns, please don’t hesitate to contact me.

With hope and solidarity,

Sara

Sara J. Totonchi
Public Policy Director
Southern Center for Human Rights
83 Poplar Street, N.W.
Atlanta, Georgia 30303
404/688-1202 voice
404/688-9440 fax
stotonchi@schr.org