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Houston Chronicle

Date: WED 04/08/98 E 04/07/98

Bush prefers juvenile law as it is / He opposes effort to lower
eligibility age for death sentence

 

Rep. Jim Pitts 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUSTIN - Gov. George W. Bush said Tuesday he opposes a fellow
Republican's proposal to allow the death penalty at age 17 for Texans
who are as young as 11 years old when they commit capital murder.

Bush said the suggestion by Rep. Jim Pitts , R-Waxahachie , to lower
the minimum age for eligibility for capital punishment from 16 to 11 is
not right for Texas. (The state currently allows 16-year-olds to be
sentenced to death, but their executions can't be carried out until they
are 17.)

Pitts ' proposal, which could be debated in the 1999 legislative
session, was prompted by the recent fatal school shootings in Arkansas.

"I don't think the death penalty ought to be administered to 11
-year-old children," Bush said flatly when asked if he would veto Pitts
' proposal if it gets through the Legislature.

"I can understand why people are concerned about the Jonesboro, Ark.,
situation. I can understand the emotional reaction. I just happen to
believe that having looked at the issue long and hard, the current (law)
is appropriate," he said.

Pitts , a lawyer serving his third term in the Texas House, went public
with his capital offense proposal on Monday. He also suggested lowering
the age for trying juveniles as adults from 14 to 10, but Bush seemed to
rule out any change in that threshold.

The governor said he examined both the death penalty and certification
issues in 1994 when he made juvenile justice reform a priority for the
1995 legislative session.

"Not only did I think the death penalty was appropriate at 17, I
thought the appropriate age at which a child should be tried as an adult
was 14. It's what I campaigned on. That's what became law. And I haven't
changed my mind," Bush said.

Pitts ' proposals were among several he outlined to crack down on
violent juvenile offenders. He said the state "must be prepared to deal
with it" if Texas experiences a deadly attack like the one attributed to
11 - and 13-year-old boys in Arkansas.

"As witnessed in Jonesboro, Ark., juvenile laws are inadequate to
handle children who commit crimes at such an early age," Pitts said
Monday. He added that under current Texas law, juveniles sentenced to
the maximum of 40 years confinement "may be released as early as their
18th birthday."

On Tuesday, Pitts said he will forge ahead with his proposal, despite
Bush's disapproval.

"If nothing else, this just brings it up so we can talk about it. We've
got to do something to send a message to our kids that they can't do
these kinds of crimes," Pitts said.

Pitts emphasized he has no intention of lowering the age at which the
death penalty is carried out, only the age of eligibility.

Texas is among 15 states that have death row inmates who arrived as
juveniles. Amnesty International estimates that around the nation 58
offenders - including 25 in Texas - await execution for slayings
committed as juveniles.

So far, of the 147 executions in Texas since the death penalty was
reinstated in 1976, the youngest inmate to be given a lethal injection
was 24 years old.

At least nine men, five of them Texans, have been put to death for
murders committed as juveniles, according to Amnesty International. All
of them committed their crimes at age 17, but their ages upon execution
ranged from 24 to 33.