Idaho bill to extend death penalty unconstitutional, aims for US Supreme Court review

The Idaho House overwhelmingly passed a bill that would allow the death penalty for anyone convicted of certain sex crimes against preteen children Tuesday, even as its sponsor acknowledged that such a law would be unconstitutional.

House Bill 515 is designed to challenge decades of U.S. Supreme Court precedent that limited death sentences to defendants who commit murder, said Rep. Bruce Skaug , R-Nampa, who co-sponsored the bill with Rep. Josh Tanner , R-Eagle. With the current supermajority of conservative-leaning justices on the nation’s highest court, the hope is that the U.S. Supreme Court will review the Idaho bill if it becomes law and issue a decision that expands the eligibility for the death penalty.

“There is a deep, dark, dark side in our culture, and it’s our job to protect the children,” Skaug said Tuesday on the House floor. “There are times when things are so wicked that retribution is appropriate.”

The House approved the bill in a 56-12 vote, with two Republicans joining 10 Democrats in opposition. The bill heads to the Senate for committee review.

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