Death penalty-related bills approved by Senate committee March 12, 2026 Sen. Stephen West, R-Paris, speaks on Senate Bill 251, which relates to the death penalty. A high-res version is available here. FRANKFORT — Two death penalty-related bills – Senate Bill 138 and Senate Bill 251 – w ere both advanced Thursday by the Senate Judiciary Committee. SB 138, sponsored by Sen. Brandon Smith, R-Hazard, seeks to define child abuse homicide as a capital offense and increase the punishment for offenders. “We basically stripped it down to where a person is guilty of child abuse homicide when he or she intentionally abuses another person or knowingly permits another person of whom he or she actually has custody of to be abused and thereby causes the death to a person who is under 18. Child abuse is a capital offense.” Smith testified. Smith said children should be one of the state’s highest priorities and that killing a child will result in the highest punishment that the state can mete out. Smith testified about the search for 10-year-old Jayden Spicer, a child killed last summer in Breathitt County. Jayden’s mother has been indicted on a murder charge in the case. A child from Smith’s area also testified Thursday that Jayden’s death sent shockwaves through the community and “hurt lots of people.” Senate Minority Caucus Chair Reginald L. Thomas, D-Lexington, said that, as a father of three and a self-described ‘helicopter parent,’ he understands how horrific child abuse is and “people should always recall how barbaric and unjust that act was.” But he also questioned whether the threat of the death penalty would have prevented Jayden’s death, noting that mental illness reportedly played a role in the crime. “I do not believe in the death penalty. I just don’t. I think that is a pillar that should not exist in an intelligent and enlightened society,” he said. The second death penalty-related bill to advance was presented by Sen. Stephen West, R-Paris, who said the legislation stems from issues that have been transpiring in the courts for at least 10 years. West said the death penalty is already law in Kentucky as set forth by the general assembly. In 2009, the Supreme Court ruled that Kentucky’s execution protocol must be promulgated by administrative regulation. That ruling started what West called a “merry-go-round” process involving the Kentucky Department of Corrections, the Kentucky Office of the Attorney General and the Franklin County Circuit Court, he said. Under SB 251, the Department of Corrections would no longer be required to promulgate death penalty regulations and could implement execution protocols and procedures through internal policy, memorandum or similar action. Supporters hope that change would end the impasse in the courts and clear the way for executions to resume in Kentucky. Wil Schroder, senior counsel for the Kentucky Office of the Attorney General, read a letter during his testimony that was sent to him from a supporter of SB 251 who is involved in the Ralph Baze death penalty case. Baze has remained on death row in Kentucky for decades. The woman wrote the bill would allow the Department of Corrections to make changes to its death penalty regulations more rapidly, allow Kentucky to swiftly restart the execution of death row inmates and cut down on delays that serve justice. West said if the executive branch wishes to put execution protocols in administrative regulations, it is free to do so, but this is not required. “They can use internal procedures or administrative regs,” West said. Thomas asked West if he’s concerned that relying on internal policy memorandum or statements will make a death penalty case more successful under the Eighth Amendment, which deals with cruel punishments. “Because the courts have made it clear that policy memorandum or policy statements within the agency do not have the force of law. Administrative regulations do have the force of law, and courts have recognized that,” Thomas said West said he’s not concerned. He noted that Kentucky hasn’t always had administrative regulations, and when the state’s founders wrote the constitution, capital offenses happened. The Eighth Amendment was in place at that time, he said. “This is less a death penalty question and more a rule of law question. So, the legislature writes the laws. It’s the job of the executive branch to carry out the laws. And it’s the job of the judicial branch to interpret the laws,” West said. The post Death penalty-related bills approved by Senate committee appeared first on The Lexington Times. ...read more read less