Tennessee Senate advances bill to allow death penalty for child rape

NASHVILLE, Tenn. (AP) — Tennessee’s GOP-controlled Senate advanced legislation on Tuesday allowing the death penalty in child rape convictions as critics raised concerns that the U.S. Supreme Court has banned capital punishment in such cases.

Republicans approved the bill on a 24-5 vote. It must still clear the similarly conservatively dominant House chamber before it can go to Gov. Bill Lee’s desk for his signature.

If enacted, the Tennessee bill would authorize the state to pursue capital punishment when an adult is convicted of aggravated rape of a child. Those convicted could be sentenced to death, imprisonment for life without possibility of parole, or imprisonment for life.

Florida’s Gov. Ron DeSantis enacted a similar bill nearly a year ago. Supporters in both states argue that the goal is to get the currently conservative-controlled U.S. Supreme Court to reconsider a 2008 ruling that found it unconstitutional to use capital punishment in child sexual battery cases.

Republican Sen. Ken Yager argued during Tuesday’s debate that his bill was not unconstitutional because it only gave district attorneys the option of pursuing the death penalty for those convicted of child rape.

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