Judiciary Committee
February 12, 2025
Committee Chair: Sen. Carolyn Bosn | Bills Heard: 5 | Full Transcript (PDF)
LB206: Enhanced penalties for crimes committed in disaster areas and emergency zones
Introduced by: Sen. Brad von Gillern | Testimony: 4 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Sen. von Gillern seeks enhanced penalties for crimes in disaster zones, citing April 2024 Elkhorn tornado looting. The bill upgrades crimes like robbery, burglary, and assault committed during declared emergencies to the next felony class—turning Class III felonies into Class IIA, for example. Von Gillern testified that Douglas County Sheriff's Office documented 17 theft complaints following the tornado, with higher numbers in incorporated areas.
Why it matters: Disaster victims already traumatized by natural disasters face additional harm from opportunistic criminals. Enhanced penalties aim to deter looting and protect vulnerable communities during emergency response operations.
What they're saying: - Proponents: "These crimes are especially egregious when committed against people in communities when disasters strike," von Gillern said. Law enforcement testified that enhanced penalties send an unambiguous message to opportunist criminals. - Opponents: The Nebraska Criminal Defense Attorneys Association argued the designated crimes are already felonies with significant penalties, and some enumerated offenses (shoplifting, trespass) aren't necessarily looting-related. They also flagged that statewide emergency declarations could trigger enhancements for crimes in unaffected areas.
What's next: Von Gillern indicated openness to amendments tightening the geographic scope of disaster area definitions. No vote was taken.
Committee sentiment: Supportive: Sen. Carolyn Bosn, Sen. Bob Hallstrom Skeptical: Sen. McKinney Unclear: Sen. DeBoer
Sentiment estimated from questions and comments — not stated positions.
LB322: Enhanced penalties for assault on pharmacists
Introduced by: Sen. Stan Clouse | Testimony: 1 proponents, 2 opponents, 1 neutral | Read bill text (PDF)
Sen. Clouse seeks to extend assault protections to pharmacists, citing rising workplace violence. LB322 adds pharmacists and pharmacy staff to the list of health care professionals whose assault constitutes a felony, bringing them into parity with doctors and nurses protected since 2012. A 2023 metaanalysis found 39% of pharmacists experienced violent events at work.
Why it matters: Pharmacists are frontline health care workers with direct public contact and access to controlled substances, making them targets for robbery and assault. One Lincoln pharmacy now locks its doors due to armed robberies.
What they're saying: - Proponents: "Pharmacists have the most contact with the general public of any health care professionals," Clouse testified. The Nebraska Pharmacists Association noted OSHA recognizes pharmacies as high-risk settings. - Opponents: The Criminal Defense Attorneys Association argued the crimes are already felonies and distinguished pharmacists from E.R. doctors who must treat intoxicated patients. A case manager for people living with HIV opposed the bill because the assault-with-bodily-fluid statute unfairly criminalizes HIV-positive individuals, since spitting cannot transmit HIV.
What's next: No vote was taken. Committee members raised concerns about prosecutorial burden and whether enhancement addresses root causes of workplace violence.
Committee sentiment: Supportive: Sen. Hallstrom Skeptical: Sen. McKinney, Sen. DeBoer Unclear: Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
LB535: Enhanced penalties for assault on health care workers and behavioral health providers
Introduced by: Sen. Kathleen Kauth | Testimony: 5 proponents, 3 opponents, 1 neutral | Read bill text (PDF)
Sen. Kauth seeks equal protection for all health care workers, not just licensed professionals. LB535 expands assault protections to mental health technicians, direct support professionals, and other frontline behavioral health workers currently excluded from enhanced penalties. The bill addresses a two-tier system where doctors and nurses are protected but staff providing direct care are not.
Why it matters: Frontline staff spend significantly more time with patients than licensed professionals but lack legal protections. Assaults on direct care staff at Lincoln Regional Center hit record high of 161 in 2024. Workforce retention is critical—fewer than 20 of 250+ employees at Lincoln Regional Center have 5+ years tenure.
What they're saying: - Proponents: Mental health tech Jessi Giebelhaus testified she suffered traumatic brain injury from assault by stable, medicated client whose charges were dismissed because she wasn't a licensed professional. Data shows 24% decrease in assaults after 2012 law protecting licensed professionals. - Opponents: Arc of Nebraska warned the bill could criminalize disability-related behaviors and involuntary movements. Peer support specialists testified that criminalization doesn't help people in mental health crisis. Competency safeguards exist but don't prevent initial charging.
By the numbers: Assaults on direct care staff at Lincoln Regional Center: 13 in February 2012 (before law), 4 in March 2012 (after law passed), 0 in April 2012 (only month on record with zero assaults since 2010), 161 in 2024.
What's next: No vote taken. Kauth suggested committee consider legislative resolution to study assault protections holistically rather than piecemeal approach. Committee members expressed openness to amendments and further conversations.
Committee sentiment: Supportive: Sen. Rountree Skeptical: Sen. McKinney, Sen. DeBoer Unclear: Sen. Storm
Sentiment estimated from questions and comments — not stated positions.
LB657: Enhanced penalties for assault on sports officials (REFS Act)
Introduced by: Sen. Bob Andersen | Testimony: 5 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Sen. Andersen introduces REFS Act to protect sports officials from violence, citing rising incidents nationwide. LB657 creates a Class IIIA felony for assaulting registered referees, umpires, or similar officials before, during, or immediately after athletic contests. An interim study by Sen. DeKay found 53% of Nebraska officials have been verbally assaulted and 20% threatened by coaches.
Why it matters: Officials shortage is threatening youth and high school sports. Young officials leave after 2-3 years due to poor sportsmanship. Without officials, games cannot be played. Twenty-two other states have enacted similar protections.
What they're saying: - Proponents: "Without officials, there are no games," Andersen said. Sarpy County Attorney Scott Earl testified that Class IIIA felony is appropriate because Class IV carries presumption of probation, unsuitable for assaultive behavior. Sen. DeKay, a 41-year official, testified young officials need protection to develop careers. - Opponents: Criminal Defense Attorneys Association argued third-degree assault is already a serious misdemeanor and flagged that the bill creates a new separate crime rather than enhancement, introducing legal uncertainty and potential double jeopardy issues.
By the numbers: 53% of officials verbally assaulted; 20% threatened by coaches; 14% physically threatened by spectators; 3% physically threatened by coaches/players; 46% have removed spectators for poor sportsmanship; 33% considered quitting due to poor sportsmanship.
What's next: No vote taken. Committee members raised concerns about deterrence in heat-of-moment situations and whether enhanced penalties address root causes of poor sportsmanship.
Committee sentiment: Skeptical: Sen. McKinney, Sen. DeBoer Unclear: Sen. Storm, Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
LB150: Repeal of reduced mandatory minimum for habitual criminal enhancement
Introduced by: Sen. Carolyn Bosn | Testimony: 1 proponents, 2 opponents, 0 neutral | Read bill text (PDF)
Chair Bosn seeks to repeal reduced habitual criminal enhancement created by 2023 LB50, citing unintended consequences. LB150 strikes subsection (c) of statute 29-2221, which allows sentences of 3-20 years instead of standard 10-60 years for habitual criminals. Bosn argues the statute is being applied to violent offenders it was meant to exclude.
Why it matters: Habitual criminal is Nebraska's three-strikes law. The reduced enhancement was intended for nonviolent offenders with addiction issues, but court interpretations have allowed violent offenders to benefit. In the short time since passage, cases like State v. Briggs (violent assault on prison guards) and State v. Guardiola (defendant with violent history) received unintended reduced sentences.
What they're saying: - Proponents: Lancaster County Attorney Amy Goodro testified the statute language is "convoluted and imprecise," creating confusion over whether to use elements-based or facts-based tests. She listed crimes not involving enumerated acts that still qualify: human trafficking, arson, child pornography, residential burglary, child enticement, false imprisonment, strangulation. - Opponents: Criminal Defense Attorneys Association proposed narrowing rather than repealing the reduced enhancement to simple drug possession and theft offenses. ACLU testified that repeal contributes to mass incarceration and disproportionately affects minority communities.
What's next: No vote taken. Committee members expressed openness to amendment approach rather than outright repeal. Bosn indicated willingness to work with Eickholt on reformed language, though concerns remain about whether any fix can prevent unintended consequences.
Committee sentiment: Skeptical: Sen. McKinney, Sen. DeBoer Unclear: Sen. Rountree, Sen. Hallstrom
Sentiment estimated from questions and comments — not stated positions.
Session Notes
The Judiciary Committee heard five bills on February 12, 2025. Committee Chair Carolyn Bosn opened with procedural instructions regarding testifier sheets, sign-in sheets, three-minute light system, and written position comment deadlines. Committee members present included Sen. Bob Hallstrom, Sen. Jared Storm, Sen. Rick Holdcroft, Sen. Wendy DeBoer, and Sen. Victor Rountree. Legal counsel Tim Young and committee clerk Laurie Vollertsen assisted. Pages were Ruby Kinzie, Alberto Donis, and Ayden Topping from UNL. The hearing extended into evening hours. Multiple bills addressed enhanced penalties for assaults on specific groups (disaster responders, pharmacists, health care workers, sports officials), with recurring themes about deterrence, prison overcrowding, and whether enhancements address root causes. Sen. McKinney repeatedly raised concerns about fiscal impact on overcrowded prisons and questioned deterrent effect of enhanced penalties. Sen. DeBoer raised concerns about prosecutorial burden and suggested holistic approaches rather than piecemeal enhancements. Several testifiers from criminal defense and disability advocacy communities opposed multiple bills, citing concerns about criminalization of people with mental health issues and developmental disabilities.
Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.