Death Penalty for Child Rape Clears Senate Panel

Associated Press

OKLAHOMA CITY -- A Senate budget panel cleared a wide range of bills Wednesday, allowing measures on the death penalty for child rapists and teaching the Bible in public high schools.

The House, meanwhile, overwhelmingly approved sending a constitutional amendment to state voters in November allowing them to opt out of key provisions of the federal health care bill. That measure will be sent to a conference committee, where differences can be worked out with a similar resolution that was approved Tuesday in the Senate.

The Senate Appropriations Committee, on a 17-2 vote, approved a bill that allows a death sentence for convicted felons who rape a child, despite concerns from some members that the U.S. Supreme Court struck down a similar Louisiana law two years ago.

Senate author Anthony Sykes said he plans to amend the bill to require a previous conviction for child rape and require the offender to have the intent to kill the child. Those two provisions, Sykes said, could be enough for the nation's highest court to reconsider its narrow 5-4 decision.

"Combine the predicate of a previous offense against a child, and the gate might be open if this assault was also intended to kill the victim," said Sykes, R-Moore.

Sen. Richard Lerblance, D-Hartshorne, called the bill "campaign rhetoric," while Sen. Jim Wilson, D-Tahlequah, expressed concern about the costs to the state of pursuing more death penalty cases.

"Our state spends between $8.6 million and $11 million each year on the death penalty, and we get nothing for it but vengeance," Wilson said. "This is going to be contested and end up costing us a whole bunch of money we don't have."

In other action, the committee approved a bill authorizing public high schools to teach an elective course on the Bible. The GOP-controlled panel shot down a Democrat-sponsored amendment authorizing a comparative religions course.

Senate author Tom Ivester, D-Elk City, said the goal of the bill is to provide a legal framework for school districts to offer the elective course.

Among the other measures approved Wednesday was a bill that would authorize state colleges and universities to ban the use of tobacco on campus. The bill, approved overwhelmingly, was requested by Oklahoma State University and written by Sen. James Halligan, R-Stillwater, the former OSU president. Violators could be fined up to $100.