State Rep. Jeff Leach is filing legislation that makes the death penalty an option for child rapists .
Currently, Supreme Court precedent is that states cannot execute someone for raping a child if the victim survives. In Kennedy v. Louisiana, the court ruled 5-4 that man could not be executed for raping his 8-year-old stepdaughter.
Leach, chair of the Texas House Committee on Judiciary & Civil Jurisprudence stated his intent while hosting a news conference supporting his client Cindy Clemishire. And plan a debate in January when the legislature holds its next session.
In 2008, the Supreme Court of the United States (SCOTUS) ruled in a 5-to-4 decision that the state of Louisiana could not execute Patrick Kennedy for raping his eight-year-old stepdaughter.
In his dissent, Justice Samuel Alito argued that a previous ruling in Coker v. Georgia (1977) caused state legislatures to hesitate to pass their own laws — saying it undercuts the consensus of states argument. Of the nine members who ruled on Kennedy, only Alito, Chief Justice John Roberts and Justice Clarence Thomas remain. All three dissented.
Several states, starting with Florida in 2023, have passed laws intended to challenge the precedent. Leach’s proposal would first need approval from the Texas Legislature, where all 150 House seats are on the ballot this November.