Setting the stage for a possible legal battle, Gov. Ron DeSantis on Monday signed a bill that would allow the death penalty for people who commit sexual batteries on children under age 12.
The bill (HB 1297) conflicts with U.S. Supreme Court and Florida Supreme Court precedents that have barred death sentences for rapists, including a 2008 U.S. Supreme Court decision.
But DeSantis and legislative supporters of the bill have been upfront about challenging the rulings, with DeSantis’ office saying in a news release Monday that he is “prepared to take this law all the way to the U.S. Supreme Court to overrule judicial precedents which have unjustly shielded child rapists from the death penalty and denied victims and their loved ones the opportunity to pursue ultimate justice against these most heinous criminals.”
The Senate last month voted 34-5 to pass the bill, which had earlier been approved 95-14 in the House.
“In Florida, we stand for the protection of children,” DeSantis said during a bill-signing event Monday in Brevard County. “Unfortunately, in our society, we have very heinous sex crimes that are committed against children under the age of 12 years old. These are really the worst of the worst. The perpetrators of these crimes are often serial offenders.”
Under the bill, defendants could receive death sentences based on the recommendations of at least eight of 12 jurors. Judges would have discretion to impose the death penalty or sentence defendants to life in prison. If fewer than eight jurors recommend death, defendants would receive life sentences.
The bill would affect what is known as the “sentencing phase” of cases. Juries would still need to unanimously find defendants guilty of the crimes before the sentencing phase would begin.