Bill would make death sentence an option for some convicted of child sex offenses
A state lawmaker has introduced legislation that would make a death sentence possible for those convicted of certain sex crimes against children.
House Bill 1909, introduced by state Rep. Ryan Warner, R-Perryopolis, proposes the option of a death sentence for someone who is convicted of the rape of a child or involuntary deviate sexual intercourse with a child.
Currently, only those convicted of first-degree murder can be sentenced to death in Pennsylvania, should prosecutors opt to seek it.
Warner said he modeled the legislation after a Florida bill that gives jurors the options of sentencing a defendant in those types of cases to either life in prison or death.
“Sexual crimes committed against innocent children cause an unimaginable level of trauma from which no one can fully recover,” Warner said. “While we must do all we can to protect our children from this sort of evil, we must also ensure the punishment assigned to people who commit such acts reflects the absolute horror of the crime.”
The bill is in its early stages, having only just been referred to the House Judiciary Committee for consideration, but if it makes it through the state legislature, chances are slim that it will have much impact during Gov. Josh Shapiro’s tenure, Warner acknowledged.
Shortly after he took office last year, Shapiro continued the moratorium on carrying out sentences of death in Pennsylvania, something put into place by his predecessor Gov. Tom Wolf in 2015. Shapiro also called upon state lawmakers to abolish the death penalty as a potential sentence, and vowed not to sign any warrants of execution.
There have been no executions in Pennsylvania since 1999.
Warner called his proposed legislation “an additional tool” to punish those who commit sexual offenses against children, and said it has bipartisan support.
“I don’t know if I can put a figure of merit on how effective it would be, but if it saves just one child, then it would be well worth it,” he said.
Similar to first-degree murder cases where the death penalty is sought, the bill proposes to instruct a jury on aggravating and mitigating factors after a defendant is convicted. Jurors would weigh those factors to determine if a sentence of death is warranted. In the case of a non-jury trial, a judge would decide.
As Warner’s bill begins moving through the process, lawmakers in the state House could also consider a diametrically opposed bill proposed by Philadelphia Democrat Rep. Christopher M. Rabb.
His bill seeks to repeal the death penalty in Pennsylvania.
Rabb’s measure was passed by the House Judicial Committee on Oct. 31. If it were enacted, Pennsylvania would be the 24th state to remove the death penalty as a potential sentence.
According to the state Department of Corrections, there are currently 98 people sitting on death row for first-degree murder convictions, including one each from cases in Fayette, Greene and Washington counties.