Rep. Lynn Stucky files Athena's Law to protect Texas children from predators

AUSTIN — Today, Texas state Representative Lynn Stucky (R-Sanger) filed Athena's Law, important legislation that will protect children from predators accused of sexual assault, serious bodily injury, or murder of a child. The policies seek to amend existing statutes related to a delayed release after a bond hearing. If approved by the legislature, the issue will go to Texas voters for approval this November.

"I know many of my constituents were appalled to learn that the individual who confessed to kidnapping and killing 7-year-old Athena Strand late last year was given the opportunity to leave the jail because of current state law. What made it worse was the discovery of additional charges related to sexually abusing children after he was already given a bond hearing," said Rep. Stucky. "I filed these bills to make sure that our law enforcement has more time to investigate these charges and give victims more time to seek additional protection. We should not allow these dangerous criminals back on the street so easily, especially when they knowingly confess to the crime. 

House Bill 1906, known as the Athena Strand Law, seeks to amend the Texas Criminal Code of Procedure. Currently, the code allows for a delayed release of an individual after a bond hearing if the charges are related to family violence. House Bill 1906 would add "an offense involving the sexual assault of or resulting in serious bodily injury to a child." The bill defines a child as a person under age 18; the delay would be up to seven days after a magistrate hearing, or up to 30 days if the individual confessed to a law enforcement officer investigating the crime.

House Joint Resolution 99 proposes a Constitutional Amendment that would allow voters to support the denial of bail for an individual arrested for the death of or serious bodily injury to a minor.

Wise County Sheriff Lane Akin offered his support of the bill, calling it a good first step toward protecting children and giving officers critical time for investigating the accusations.

“In the course of investigating serious crimes against children, officers commonly find after the arrest and jailing of a suspect, additional victims often step forward to report similar abuses they experienced at the hands of the same suspect. ‘Athena’s Law’ adding to existing statutes on delaying the release of an individual from jail would allow law enforcement additional time to meet with those who may have been victimized, prepare probable cause affidavits, and seek additional charges against the alleged assailant," said Sheriff Akin. "We feel ‘Athena’s Law’ will help us make Wise County safer.”

According to an arrest report, Athena Strand, 7, was outside her Wise County home when she was struck by a FedEx vehicle driven by a contract driver in late-November. The individual reportedly confessed to striking Athena with the vehicle, kidnapping her, and then killing her to prevent Athena from telling her parents about the incident. The individual went before a magistrate, who set bond at $1.5 million. While still in jail, the individual was also charged with sexual assault of minors unrelated to the Athena Strand case.

"Our justice system is designed to fairly deliver due process. However, the system should also be bolstered to protect child victims from their attackers. I believe all Texans will support protecting our communities and ensuring that we keep dangerous criminals who prey upon our children behind bars," said Rep. Stucky. "These bills do not prevent justice for the accused; they preserve justice for the victims while allowing the system time to properly investigate the crimes."

Earlier this year, Rep. Stucky filed another public safety bill — House Bill 898 — to increase the penalties for the Move Over, Slow Down law. After this week's winter storms where hundreds of accidents took place, it is more important than ever to bring awareness to the law to protect first responders and roadside workers.

The bills are now waiting for the first reading and referral to a committee. At that time, the process will begin for requesting a public hearing to discuss the merits of the bill. Anyone seeking information about Athena's Law or seeking to support the legislation may call 512-463-0582 or email Lynn.Stucky@house.texas.gov.

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