Judiciary Committee
January 22, 2025
Committee Chair: Sen. Carolyn Bosn | Bills Heard: 6 | Full Transcript (PDF)
LB51: National Crime Prevention and Privacy Compact ratification
Introduced by: Sen. Teresa Ibach | Testimony: 2 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Nebraska poised to join national crime records compact, saving state $356,000 annually. LB51 would authorize Nebraska to ratify the National Crime Prevention and Privacy Compact, making the state the sole maintainer of its criminal history records and eliminating costly duplicate submissions to the FBI.
Why it matters: The state currently spends roughly $400,000 yearly submitting fingerprint data to the FBI. More importantly, the compact would fix a problem where individuals who successfully complete problem-solving courts still have guilty pleas appearing on FBI records, harming their employment prospects despite earning dismissals.
What they're saying: - Proponents: The compact ensures more accurate, up-to-date criminal records for background checks and eliminates the need for duplicate federal submissions. It addresses a gap in Nebraska law that prevents proper coding of dismissed cases in problem-solving courts. - Introducer: "This same legislation was introduced last session in the form of LB898 and was advanced to General File but was not scheduled for debate due to lack of time remaining."
By the numbers: 35 states have already ratified the compact. Nebraska would become the 36th. Projected savings: $178,200 in FY 2025-26 and $356,400 the following year.
What's next: No vote was taken during the hearing. Four proponents submitted online comments; no opponents or neutral comments were received.
Committee sentiment: Supportive: Sen. Hallstrom, Sen. Storer Unclear: Sen. DeBoer
Sentiment estimated from questions and comments — not stated positions.
LB52: Victim notification for pardon and commutation applications
Introduced by: Sen. Teresa Ibach | Testimony: 4 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Bill expands victim notification rights for pardon and commutation cases. LB52 adds 13 violent crime categories to Nebraska's victim notification statute, ensuring victims are informed when perpetrators apply for or receive pardons or commutations.
Why it matters: Last session, a victim of violent crime was not notified when the person who committed the crime applied for a pardon because the offense wasn't explicitly listed in statute. This bill closes that gap and prevents similar oversights.
What they're saying: - Introducer: "After combing through Chapter 81 to identify additional violent crimes that were inadvertently left out last year, and which should be included," the bill now covers manslaughter, motor vehicle homicide, false imprisonment, assault by strangulation, domestic assault, child enticement, sexual abuse, terroristic threats, and sex trafficking offenses.
By the numbers: Four proponents submitted online comments; no opponents or neutral comments received.
What's next: No vote was taken during the hearing. The bill was previously introduced as LB1159 and advanced from committee unanimously last year but was not scheduled for floor debate due to lack of time.
LB72: Update Nebraska Uniform Controlled Substances Act to match federal schedule
Introduced by: Sen. Bob Hallstrom | Testimony: 3 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Nebraska updates drug schedules to match federal law, adding fentanyl variants and other street drugs. LB72 brings Nebraska's controlled substance schedules into compliance with federal changes from the past two years, addressing emerging synthetic drugs and opioid-like compounds.
Why it matters: Each time the federal government updates its controlled substance schedule, Nebraska must follow suit to ensure local law enforcement can effectively prosecute drug violations. The bill addresses street drugs like metonitazine and methiopropamine that mimic the effects of controlled substances.
What they're saying: - Introducer: "Each time the federal government updates its controlled substance schedule, Nebraska also follows suit by updating its state controlled substance schedules. This year we are taking the last two years of federal updates because we were not able to pass the bill that was introduced by Senator Bosn last session." - Pharmacists Association: Confirmed the organization is comfortable with exemptions for FDA-approved psilocybin and veterinary use of xylazine.
By the numbers: Three proponents submitted online comments; no opponents or neutral comments received.
What's next: No vote was taken during the hearing. The introducer thanked Celeste Laird with the Nebraska State Patrol for identifying necessary federal changes.
Committee sentiment: Supportive: Sen. DeBoer
Sentiment estimated from questions and comments — not stated positions.
LB85: Allow abstract of death in small estate affidavit proceedings
Introduced by: Sen. Wendy DeBoer | Testimony: 3 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Bill clarifies that abstracts of death can be used in small estate proceedings. LB85 updates Nebraska law to explicitly allow the use of an abstract of death—a preliminary document issued when death certificates are delayed—in small estate affidavit proceedings.
Why it matters: Last year, Nebraska created the abstract of death to address delays in obtaining death certificates (often due to autopsies). But the law forgot to authorize their use in small estate proceedings, creating confusion for banks and grief for families trying to pay funeral expenses. This bill fixes that oversight.
What they're saying: - Bankers: "A member brought this to us" after a grieving family wanted to access a deceased child's assets to pay funeral bills but couldn't because the abstract of death wasn't authorized for small estates, even though the state press release suggested it could be used. - Bar Association: Estate planning lawyers regularly encounter delays when autopsies are pending. This bill allows estates to function more quickly when the fact of death is the only issue.
By the numbers: One proponent submitted online comments; no opponents or neutral comments received.
What's next: No vote was taken during the hearing. The introducer waived closing remarks.
Committee sentiment: Supportive: Sen. Hallstrom, Sen. Storer Skeptical: Sen. McKinney
Sentiment estimated from questions and comments — not stated positions.
LB24: Probation extension by agreement and fee waivers for indigent probationers
Introduced by: Sen. John Cavanaugh | Testimony: 2 proponents, 0 opponents, 1 neutral | Read bill text (PDF)
Bill restores probation extension tool removed by court ruling, adds fee waivers for poor probationers. LB24 creates a mechanism for probation terms to be extended by agreement when probationers need more time to complete services, addressing a gap created by the Nebraska Supreme Court's Simons decision. It also clarifies that certain probation fees are waivable and presumes waiver for previously indigent individuals.
Why it matters: The Simons decision eliminated judges' ability to extend probation without a revocation hearing, forcing the state to either incarcerate probationers or release them without supervision while violations are pending. This undermines rehabilitation efforts and wastes judicial resources. Additionally, probation costs ($30-70+ monthly) combined with treatment expenses create barriers for poor individuals trying to succeed.
What they're saying: - County Attorneys: "The whole point of probation is to rehabilitate an individual and make sure that they can successfully integrate back into society. And people have slip-ups, especially when you're talking about addiction. You know, relapse is an expected part of that process." - Defense Attorneys: Support both components but emphasize importance of counsel representation or judicial waiver to protect against coerced extensions. - Court Administrator: Supports the probation extension component; the Supreme Court has a similar bill pending.
By the numbers: Two proponents submitted online comments; no opponents; one neutral comment (court administrator).
What's next: No vote was taken during the hearing. The introducer emphasized that the bill protects probationers' rights while giving them a pathway to success without incarceration.
Committee sentiment: Supportive: Sen. Hallstrom, Sen. Storer, Sen. McKinney Skeptical: Sen. Bosn
Sentiment estimated from questions and comments — not stated positions.
LB133: Add animal control officers to definition of law enforcement officer for animal welfare enforcement
Introduced by: Sen. Rick Holdcroft | Testimony: 1 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Bill would make animal control officers law enforcement officers for animal welfare cases, but raises constitutional concerns. LB133 seeks to clarify that animal control officers can obtain and execute search warrants for animal cruelty investigations, addressing a Sarpy County judge's recent challenge to their authority.
Why it matters: A Sarpy County judge last summer questioned whether animal control officers have statutory authority to seek search warrants, disrupting 20 years of practice. The workaround requires sworn officers to apply for warrants they don't author, creating delays that jeopardize animal welfare and burden already-stretched law enforcement.
What they're saying: - Proponents: "Animal control officers are the experts on animal welfare cases and should be able to execute their own warrants. Current practice in most Nebraska counties already treats them as having this authority." - Opponents: "Animal control officers lack training in constitutional law, search and seizure, Miranda rights, and evidence collection. The bill gives them arrest authority without equivalent training to police officers."
By the numbers: Three proponents submitted online comments; one opponent testified; no neutral comments received.
What's next: No vote was taken during the hearing. Sen. DeBoer suggested an alternative approach: add animal control officers as persons authorized to seek warrants without making them full law enforcement officers. The introducer indicated willingness to work with the committee on language refinements.
Committee sentiment: Skeptical: Sen. McKinney, Sen. DeBoer, Sen. Hallstrom Unclear: Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
Session Notes
The committee took a five-minute recess during the hearing. Committee Chair Bosn noted that committee members may come and go during hearings due to other committee obligations, which is standard procedure. The hearing was held in new committee facilities. Written position comments must be submitted by 8 a.m. the day of the hearing via nebraskalegislature.gov. Testifiers were limited to three minutes using a light system (green, yellow, red). Committee members present included Sen. Bob Hallstrom (LD 1), Sen. Jared Storm (LD 23), Sen. Tanya Storer (LD 43), Sen. Wendy DeBoer (LD 10), Sen. Terrell McKinney (LD 11), and Sen. Victor Rountree (LD 3). Legal counsel Danny Vagalis and Tim Young, committee clerk Valerie Vollertsen, and pages Ruby Kinzie, Alberto Donis, and Ayden Topping assisted the committee.
Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.