Creating the penalty of death or life imprisonment for persons who are convicted of certain child sex offenses, providing an exemption from emergency rule procedures, and providing a penalty. (FE)

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Current law does not provide a penalty of death for any state crime. This bill provides a penalty of death if a person has been convicted of specified instances of first degree sexual assault of a child, which include sexual contact or sexual intercourse with a person who is under 13 if great bodily harm results or sexual intercourse with a person who is under 12. The bill provides that there must be DNA evidence tying the person to the crime in order for the death penalty to apply. The bill sets forth a procedure for imposing the death penalty.

Under the bill, if the state intends to seek the death penalty, the state must provide notice of the intent in the court filing that charges the offense. Once the defendant has been convicted of first degree sexual assault of a child in a case for which notice has been given, the court must hold a sentencing hearing that is separate from the trial. The defendant has a right to a jury at the sentencing hearing. If the trial was held without a jury or if the trial jury cannot continue to serve at the sentencing hearing, a new jury must be selected. If the defendant waives the right to a jury for the sentencing hearing, the hearing must be held before the court. At the sentencing hearing, the parties may present evidence relating to the nature of the offense, the history and background of the defendant, and any mitigating circumstances, as well as DNA evidence related to the offense If the jury unanimously recommends a penalty of death, the court must impose the penalty of death unless the court finds that a penalty of death is not appropriate. If the court finds that a penalty of death is not appropriate or if the jury does not unanimously recommend a penalty of death, the court must impose a sentence of life imprisonment. The court may not impose a penalty of death on a defendant if there is no DNA evidence that ties the defendant to the crime, and the court may not impose a penalty of death on a defendant who is intellectually disabled or was a minor at the time the crime was committed.

Who's behind it

Elijah Behnke, a Republican, is its author⁠.

2 more lawmakers signed on in support⁠.