Already ruled unconstitutional by the state Supreme Court and SCOTUS
The previous law was declared unconstitutional. If this new law attempts to “cure the defects” that caused the previous law to be found lacking by the courts, it could pass through judicial review.
Still a bad idea though because it creates an incentive to kill the victim. Rapists are alreadysociopaths with poor impulse control, let’s not incentivize victim/witness killing by making the punishment the same as murder.