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Senate Passes Version Of Jessica’s Law

AUSTIN (AP) – The Texas Senate on Tuesday passed its version of “Jessica’s Law,” a get-tough measure on sexual predators that includes a possible death penalty for those who are twice convicted of raping children under 14.

“I can think of no more solemn duty than the protection of our most innocent and vulnerable citizens,” said Sen. Bob Deuell, the Greenville Republican who sponsored the measure.

The bill creates new categories of sexually violent offenses against children under 14, breaking out new categories for crimes committed involving kidnapping, date rape drugs, deadly weapons and cause serious bodily injury.

Such crimes, or any aggravated sexual assault on a child under 6 automatically carry a minimum sentence of 25 years in prison.

A second offense of those crimes could carry the death penalty. The bill also enhances punishments for most sex crimes against children and extends the statute of limitations for prosecution.

Critics have questioned whether the death penalty in cases where the victim does not die would be unconstitutional.

In 1977, the U.S. Supreme Court threw out the death penalty in a Georgia rape case. Louisiana has one inmate on death row in a child sex crime but the case is still subject to appeals in state and federal courts.

The Texas House of Representatives passed a different version of Jessica’s Law last month that also includes the death penalty in some child sex cases.

“We want to deter people. We don’t want victims. But if a crime happens, we want to give our prosecutors the tools to make convictions,” Deuell said.

The bill is named Jessica’s Law after Jessica Lunsford, a Florida girl who was abducted and killed.

More than a dozen states have passed versions of Jessica’s Law to crack down on sex offenders and Gov. Rick Perry has deemed passage of a child sex offender bill a legislative emergency.

The Texas version would make the Lone Star State the sixth to allow some child sex offenders to be sentenced to death.

By JIM VERTUNO Associated Press Writer

(Copyright 2007 by The Associated Press. All Rights Reserved.) AP-NY-04-24-07 1422EDT

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