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Incoming Texas Rep. Seeks To Allow Death Penalty For Sex Crimes Against Children

Death penalty electric chair concept | Image by zef art/Shutterstock

(TEXAS SCORECARD) – An incoming Republican lawmaker has filed a measure that would increase criminal punishment for trafficking and sexual offenses against children.

House Bill 1391 by State Rep.-elect Andy Hopper would allow the death penalty as a possible punishment for sex crimes against children 14 years old and younger.

“The U.S. Constitution is silent on what crimes are, and are not, eligible for the death penalty,” stated Hopper. “I look forward to passing HB 1391 and ultimately re-establishing the right of the states to decide.”

Hopper explained that voters have expressed that the current penalties for child sex crimes are not severe enough.

Once the 89th Legislative Session begins, and the measure will be referred to a committee for consideration. It will likely be the chair of the House Criminal Jurisprudence Committee who would determine if the measure receives a hearing.

Under House Speaker Dade Phelan, Democrat State Rep. Joe Moody (D–El Paso) chairs the committee. However, a new chair, which could again be Moody, will be appointed by the speaker after the legislative session begins in January.

Hopper expressed concern for the measure’s future if Moody is reappointed to the position.

“I have very little confidence that Democrat Joe Moody will allow HB 1391 to be heard and, more importantly, receive a vote before his committee—especially after his recent, extraordinary actions to delay the scheduled execution of a fully-adjudicated death row inmate,” remarked Hopper, referring to Moody’s actions in the Robert Roberson case.

“This is why Texas needs a reform candidate for Texas House Speaker who has pledged to only appoint Republicans to chair committees,” Hopper continued, referring to State Rep. David Cook (R-Mansfield), who is challenging Phelan for the seat. “As I see it, our children’s safety and future are on the line.”

Laws that establish the death penalty as punishment for child sex abuse are in effect in both Florida and Tennessee.

The 89th Legislative Session will begin on January 14, 2025.

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