Texas Democrat lawmaker files bill to up age of death penalty to age 21

Texas has long carried the torch in terms of capital punishment across the United States. The logic is simple: if you commit a heinous act that qualifies you for the death penalty, it is usually handed down. It is not something thrown around lightly, there is a whole process that determines if a case is even eligible. But for decades, Texas has also taken flak over the policies. Many argue it is inhumane, or wrongful in some cases.

Regardless of how you feel, it does not change the fact that Texas is a huge supporter of capital punishment, as long as a criminal is over the age of 18. That is when people are considered consenting adults in this state. It is also an age where people have a clear idea between right and wrong. But one Texas Democrat is trying to up the minimum age of the death penalty from age 18 to age 21.

The argument from State Rep. Joe Moody of El Paso is that a brain is not fully developed until the age of 25. If someone commits murder at age 12, maybe that argument holds a little water.

But former Houston Police Captain Greg Fremin says that argument for people aged 18 and older does not carry much weight.

"If you elevate the age to 21, you are doing an egregious disservice to society," he says. "You already have young killers out there that the age of 18, 19 and 20."

That is also an age where mischievous activity is more attractive, especially to career criminals. But as mentioned, that is also an age where a person absolutely knows that killing someone is wrong and has consequences. Their brain not being 25 years of age yet does not disqualify them from knowing right and wrong.

In this same bill, it would also alter life without parole sentences to only be given to people over the age of 21. That just presents new problems down the road.

"They will go to prison...some may get out of prison one day...of course, they might be older, but what service is that doing to society?" says Fremin.

The bill would not revert any prior convictions, just apply to future ones. But in the end, Texas is Texas. The chambers in Austin are full of lawmakers that understand the states stances on crime, and how citizen's feel about it.

So, do not expect this bill to go anywhere.

"We are treating criminals as criminals and treating victims as victims...unlike what we see in other states," he says. "I think Texas will remain firm on crime...we believe in the rule of law."