Benton amendment would enact ‘Jessica’s Law’; make murder committed by a sexually violent predator subject to death penalty

March 5, 2009

OLYMPIA…Sen. Don Benton, R-Vancouver, today proposed an amendment to a sex- offender bill so first-degree rape of a child would become punishable by a mandatory 25-year sentence and lifetime supervision. His amendment would also make murder committed by a sexually violent predator an “aggravated” crime subject to the death penalty. 

In proposing his amendment Benton reminded his colleagues of the 9-year-old Florida girl after whom “Jessica’s Law” is named and told them about Alycia Nipp, a 13-year-old girl recently murdered in Clark County. Her accused killer is a Level III sex offender under electronic supervision. 

“Clark County is up in arms about this,” Benton said. “All of us representing Clark County are receiving e-mails asking what can be done. It is just horrific. 

“Ladies and gentlemen I ask you to join me today to send a strong message to these heinous criminals, these horrific predators that prey on our children and our communities that Washington state will not be a haven for this kind of activity.” 

Benton proposed “Jessica’s Law” in 2006, but the version of the bill that passed the Legislature did not make the 25-year sentence mandatory as Benton’s bill would have required. 

“Some of you may remember that Jessica’s father, Mark Lunsford, came to Washington to help pass ‘Jessica’s Law’ in 2006.  We didn’t do it then, but we can do it now,” Benton said. 

Another part of Benton’s amendment would make murder by a sexually violent predator as defined under state law an “aggravated’ crime subject to the death penalty. 

In addition, Benton’s amendment would have increased the penalties for noncompliance with sex and kidnapping offender registration requirements and would create a new crime of rendering assistance to a sex offender. 

Benton’s amendment was challenged as being beyond the scope of the underlying bill by its prime sponsor, Sen. Debbie Regala, D-Tacoma, and thus ineligible for a vote. Lt. Gov. Brad Owen ruled in her favor. 

“My amendment was the substance of my bill, Senate Bill 6115 , and I will continue to work to get it passed,’ Benton said. “These offenders need to be dealt with as harshly as possible. Their crimes are just unconscionable.”

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Additional Contact: Penny Drost (360) 786-7522 or drost.penny@leg.wa.gov