BATON ROUGE, La. (AP) 鈥� Louisiana judges could order surgical castration for people convicted of sex crimes against young children under legislation approved Monday, and if Republican Gov. Jeff Landry signs it into law, the state apparently would be the first with such a punishment.
The GOP-controlled Legislature passed the bill giving judges the option to sentence someone to surgical castration after the person has been convicted of certain aggravated sex crimes 鈥� including rape, incest and molestation 鈥� against a child under 13.
A handful of states 鈥� including California, Florida and Texas 鈥� have laws in place allowing for chemical castration. In some of those states, offenders can opt for the surgical procedure if they prefer. Bu the National Conference of State Legislatures said it is unaware of any states that allow judges to impose surgical castration.
For more than 16 years, judges in Louisiana have been allowed to order those convicted of such crimes to receive chemical castration, though that punishment is rarely issued. Chemical castration uses medications that block testosterone production to decrease sex drive. Surgical castration is a much more invasive procedure.
鈥淭his is a consequence,鈥� Republican state Sen. Valarie Hodges said during a committee hearing on the bill in April. 鈥淚t's a step over and beyond just going to jail and getting out.鈥�
The bill received overwhelming approval in both of the GOP-dominated chambers. Votes against the bill mainly came from Democrats. However a Democratic lawmaker 鈥� state Sen. Regina Barrow 鈥� authored the legislation.
Currently, there are 2,224 people imprisoned in Louisiana for sex crimes against children younger than 13. If the bill becomes law, it can only be applied to those who have convicted a crime that occurred on or after Aug. 1 of this year.
Barrow has said it would be an extra step in punishment for horrific crimes. She hopes the legislation will serve as a deterrent.
鈥淲e are talking about babies who are being violated by somebody,鈥� Barrow said during an April committee meeting. 鈥淭hat is inexcusable.鈥�
While castration is often associated with men, Barrow said the law could be applied to women. She also stressed that imposing the punishment would be by individual cases and at the discretion of judges. The punishment is not automatic.
If an offender 鈥渇ails to appear or refuses to undergo鈥� surgical castration after a judge orders the procedure, they could be hit with 鈥渇ailure to comply鈥� charge and face an additional three to five years in prison, based on the bill鈥檚 language.
The legislation also stipulates that a medical expert must 鈥渄etermine whether that offender is an appropriate candidate鈥� for the procedure before it's carried out.
Louisiana's current chemical castration law has been in place since 2008 but they could only find one or two cases where it was used.
The bill, and chemical castration bills, have received pushback, with opponents saying it is 鈥渃ruel and unusual punishment鈥� and questioned the effectiveness of the procedure. Additionally some Louisiana lawmakers have questioned if the punishment was too harsh for someone who may have a single offense.
鈥淔or me, when I think about a child, one time is too many,鈥� Barrow responded.
Sara Cline, The Associated Press
