80th Legislature: Liveblogging Debate On HB 8

Rep. Debbie Riddle (R-Tomball) is presently up and introducing House Bill 8.

She notes there are four major components: extending the statute of limitations for sexual assault offenses, mandates GPS tracking of civilly committed offenders, denies parole on first sexually violent offense on a person younger than 14, makes second conviction of sexually violent offense for someone under 14 a capital offense.

(Updates after jump)

Riddle notes “this is regarding children 13 years and younger.”

A major issue with HB 8 is whether or not it is even constitutional. Louisiana is the only state to have someone on death row for a sexual offense on a minor, and that case is still making its way before the court.

Garnett Coleman is now asking a question about the death penalty portion of the legislation. “Do you think there could be some problems in that the person who commits the assault will then want to get rid of the body and go further than assault because of the death penalty and possible execution?”

Riddle says it is a question she may ask herself and that she’s heard it a lot: “I do not believe that concern is really a valid concern…Pedophiles, people who would rape children–they tend to not go through the same kind of logical thinking and reasoning that maybe we do. You would have to stop and think and give them credit to say, ‘ok, before I rape this 10 year old girl…” they’re going to have to go through the reasoning that they have to be caught, convicted….”

RIDDLE: This entire reasoning is something that even experts say is highly unlikely.

Now Coleman is asking how the death penalty would effect someone turning in a family member. “Is someone going to turn in uncle Joe on cousin Jane, knowing that he may be executed in that matter?”

Riddle says she has a correcting amendment to correct that to some degree. She asks “where are you going to stop on that?” “We cannot legislate according to what we believe someone’s fears may be.”

Coleman: The other provisions in this bill are fine, but the reason I’m asking the question is…we have to deal with the unintended consequences of the legislation. I want to understand that those have been vetted in committee.

Now Riddle is talking about mitigating circumstances that would cause someone not to receive the death penalty, but she’s calling them, “defensable reasons.”

Now Berman is asking friendly questions to try to ease people’s feelings on the death penalty clause.

Now Linda Harper Brown is asking if the bill addresses what happens if there are two minors involved in the situation, i.e., what if you have a 16-year old and a 14-year old engaged in sex acts.

RIDDLE: “That would not apply in this case because the only thing we are referring to in this bill is children 13 and younger.”

Now Harper Brown asks about if one young person attacks another young person. Riddle says that there are a couple of areas of the bill that address that, including a three-year age difference clause.

However, if a 14-year-old is certified to stand trial as an adult, then boom, it goes into effect. Riddle says no 14-year-old has ever been certified to stand trial as an adult in Texas. I’d question that statistic.

Riddle had a correcting amendment, Hightower Pierson had an amendment to name it “Jessica’s Law.” Now, Dutton has an amendment to address the fact that there is no basis for the change of the statutes of limitations. It’s Amendment 3. He says 28 years has worked for a long time.
Riddle has moved to table.  Record vote underway:  89-50, motion to table prevailed.

Dutton has another amendment, Amendment 4. Instead of the death penalty, it allows juries to impose life without parole.

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