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Louisiana lawmakers gave final approval to a bill today that would allow judges the option to sentence someone to surgical castration after the person has been convicted of certain serious sex crimes — including rape, incest and fornication — against a child under 13.
Several states, including Louisiana, currently can order such criminals to undergo chemical castration, which uses drugs that block testosterone production to reduce sex drive. However, surgical castration is a more invasive procedure.
If an offender “fails to appear or refuses to undergo” castration after a judge orders the procedure, he could be charged with “failure to comply” and face an additional three to five years in prison, based on the bill’s wording.
“It’s a consequence,” Republican state Sen. Valarie Hodges said during a committee hearing on the bill in April.
“It’s a step beyond just going in and out of jail.”
The bill now heads to the desk of conservative Gov. Jeff Landry, who will decide whether to sign it into law or veto it.
There are currently 2,224 people incarcerated in Louisiana for sex crimes against children under 13.
However, if the bill becomes law, it could only apply to those convicted of a crime committed on or after August 1 of this year.
The bill’s sponsor, Democratic Sen. Regina Barrow, said it would be a further step in punishing horrific crimes.
She hopes the legislation will act as a deterrent against such crimes against children.
“We’re talking about babies being abused by somebody,” Barrow said during a committee meeting in April.
Although castration is often associated with men, Barrow said the law can also apply to women.
She also emphasized that the imposition of the punishment will be individual and at the discretion of the judges.
The penalty is not automatic.
The proposed law also calls for a medical expert to “determine whether this offender is a suitable candidate” for the procedure before it is performed.
Several states — including California, Florida and Texas — have laws in place allowing chemical castration, but in some of those states, offenders can opt for a surgical procedure if they prefer.
The National Conference of State Legislatures said it is not aware of any states that currently have laws in place, such as the bill proposed in Louisiana, that would specifically allow judges to order surgical castration.
Louisiana’s current chemical castration law has been in effect since 2008, but very few offenders have received the punishment handed down to them — officials say they could only think of one or two cases from 2010 to 2019.
The bill and the chemical castration bills faced pushback, with opponents saying it was “cruel and unusual punishment” and questioning the effectiveness of the procedure.
Also, some Louisiana lawmakers question whether the punishment is too harsh for someone who may have a single offense.
“To me, when I think of a child, one time is too many,” Barrow replied.
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