By Joe Rogalsky,
Delaware State News
DOVER — Repeat sex offenders would face the possibility of life behind bars without parole under legislation introduced Tuesday in the House of Representatives.
Under the legislation, individuals convicted of first-, second- or third-degree rape of a child 14 years old or younger could be sentenced to life the first time they commit the crime. The decision would be up to the judge.
The second time a person is convicted of one of those crimes against a child 14 or younger, they would automatically go to prison without a chance for parole.
“I want to send a clear message to any sex offender that they will go to jail for a long time, possibly life,” said House Speaker Rep. Terry R. Spence, R-New Castle, sponsor of House Bill 404.
“We are hoping this will prevent brutal crimes from being committed in Delaware against children.”
The bill is called Jessica’s Law, named in honor of Jessica Lunsford, a 9-year-old Florida girl who was kidnapped, raped and killed by a convicted sex offender last year.
“It’s a law that has been gaining in popularity around the country,” Rep. Spence said.
HB 404 is a refined version of legislation Rep. Spence introduced last year, which raised constitutional concerns.
The proposal would have allowed individuals who committed serious sex offenses against children 12 or younger to be sentenced to life if the prosecutors could prove beyond a reasonable doubt that the person is “reasonably likely” to be a repeat offender.
“I am definitely appreciative of Rep. Spence’s changes in the bill,” said Rep. Melanie George Marshall, D-Newark, one of two lawyers serving in the House.
“The old bill would have created a way where offenders could be sentenced to life based on crimes that they might commit in the future. That is not how our justice system works.
“I think the new bill is fair. We do not want people on the street who will be repeat sex offenders.”
The measure is on a fast track to move through the House, where the chamber’s Judiciary Committee will take it up this afternoon.
A floor vote is set for Thursday, Rep. Spence said.
“We need to move quickly,” he said.
“This cannot wait.”
Gov. Ruth Ann Minner said Tuesday she had not gone over the measure but pointed out the state has been restoring judges’ abilities to have flexibility in setting prison terms.
“We did some things with mandatory sentences and we found we made some mistakes and should let judges use their discretion,” she said.
“I haven’t seen the bill yet, but it sounds like it might fall in that category.”
Steve Wood, who heads the Department of Justice’s criminal division, said the bill is under review.
“We’re looking at it,” he said.
Staff writer Joe Rogalsky can be reached at 741-8226 or jrogalsky@newszap.com
