Judiciary Committee
February 28, 2025
Committee Chair: Sen. Carolyn Bosn | Bills Heard: 5 | Full Transcript (PDF)
LB475: Add tianeptine to Schedule IV of Nebraska Controlled Substances Act
Introduced by: Sen. Merv Riepe | Testimony: 1 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Sen. Riepe seeks to ban 'gas station heroin' sold as dietary supplement. LB475 would add tianeptine to Schedule IV of Nebraska's controlled substances list, addressing a dangerous legal loophole that allows the opioid-like drug to be sold at convenience stores and head shops under brand names like Za Za Red. Why it matters: Tianeptine causes severe addiction and overdose deaths comparable to heroin, yet remains unregulated at the federal level. At least 11 states have already acted. What they're saying: Hayley Jelinek, whose 26-year-old son died from tianeptine overdose in 2021, testified that the drug is deceptively marketed as a cognitive enhancer and dietary supplement, making users unaware of its dangers until they're already dependent. Sen. Hallstrom questioned whether Schedule IV is stringent enough, noting other states use Schedule I or II. What's next: No vote was taken. Sen. Hallstrom indicated willingness to work with Sen. Riepe and mentioned a related kratom bill on Select File.
Committee sentiment: Skeptical: Sen. Hallstrom
Sentiment estimated from questions and comments — not stated positions.
LB684: Transfer juvenile probation administration from judicial to executive branch
Introduced by: Sen. Eliot Bostar | Testimony: 15 proponents, 8 opponents, 2 neutral | Read bill text (PDF)
Bostar bill would move juvenile probation from courts to executive branch amid rising violent youth crime. LB684 transfers administration of juvenile probation from the judicial branch to a new executive agency and requires judges to make detention decisions for juveniles arrested for felonies. Proponents cite a dramatic increase in violent juvenile offenses since 2013; opponents worry about moving the system to an already-struggling DHHS. Why it matters: Juveniles with five or more felony arrests jumped from 14 in 2016 to 83 in 2023 in Douglas County. Yet 84% of youth on probation don't recidivate, and the system has improved outcomes for low-risk youth. The real debate is whether branch location or resource/placement gaps are the core problem. What they're saying: Law enforcement testified that probation stopped sharing information with them around 2016-2017, hampering investigations. Prosecutors described violent juveniles with nowhere to place them. Court administrators countered that data shows probation is working for most youth and that statutory fixes could address information-sharing concerns without a wholesale transfer. Former Sen. Wayne, who introduced a similar bill years ago, now opposes it, arguing DHHS is the real problem and that root causes like poverty must be addressed. What's next: No vote was taken. Sen. Bostar indicated willingness to work with stakeholders, and Sheriff Hanson testified in neutral capacity, suggesting continued dialogue with probation leadership rather than immediate transfer.
Committee sentiment: Skeptical: Sen. McKinney, Sen. DeBoer Unclear: Sen. Hallstrom
Sentiment estimated from questions and comments — not stated positions.
LB519: Allow confirmatory drug testing in Nebraska correctional facilities
Introduced by: Sen. Margo Juarez | Testimony: 1 proponents, 0 opponents, 1 neutral | Read bill text (PDF)
Juarez bill would require confirmatory drug testing in Nebraska prisons. LB519 allows inmates to request independent lab confirmation of positive field drug tests, with inmates paying for the test if it remains positive. The bill mirrors existing policy for urine tests. Why it matters: A 2024 Inspector General report documented multiple cases where field tests produced false positives, resulting in inmates losing good time, work release, and parole opportunities. One inmate's parole was delayed a full year based on an inaccurate test. What they're saying: The ACLU and Inspector General both support the bill as a due process safeguard. Confirmatory testing typically takes about 30 days and costs $160-$500. The Inspector General noted the department can still pursue discipline based on other evidence even if a test is confirmed negative. What's next: No vote was taken. Sen. Juarez noted that the report indicates turnaround times of about 30 days and that the bill would save the state money by avoiding costly appeals and investigations.
Committee sentiment: Supportive: Sen. DeBoer
Sentiment estimated from questions and comments — not stated positions.
LB530: Increase penalties for speeding and reckless driving; protect vulnerable road users
Introduced by: Sen. Kathleen Kauth | Testimony: 8 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Kauth bill would increase speeding penalties and protect cyclists and pedestrians. LB530 raises fines for speeding violations, makes driving at double the speed limit prima facie evidence of reckless driving, and adds legal protections for 'vulnerable road users' including cyclists, pedestrians, and construction workers. The bill requires drivers to move lanes or reduce speed when passing vulnerable users. Why it matters: Bicyclist crashes increased 105% in Nebraska in 2024. Current speeding fines—set decades ago—average only $200 and rarely result in jail time, failing to deter dangerous behavior. The bill is named after Dr. Matthew Latacha, killed by a distracted driver in 2023. What they're saying: Sheriff Hanson testified that dangerous driving is constituents' top safety concern and cited a case where a doctor drag racing at 100+ mph killed a young woman but would have faced only a $200 fine. Multiple families testified about loved ones killed or seriously injured by drivers, with perpetrators receiving minimal consequences. The Criminal Defense Attorneys Association opposed new motor vehicle homicide charges, arguing they could stack with existing manslaughter charges and create uncertainty in criminal code. What's next: No vote was taken. Sen. Kauth indicated willingness to work with Spike Eickholt on potential amendments to address stacking concerns.
Committee sentiment: Supportive: Sen. DeBoer
Sentiment estimated from questions and comments — not stated positions.
LB559: Define skimming devices and create kingpin statute for financial crimes
Introduced by: Sen. Carolyn Bosn | Testimony: 7 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Bosn bill targets skimming devices and creates kingpin statute for financial crime rings. LB559 defines and prohibits unauthorized skimmer devices (placed on ATMs and fuel pumps to steal card data) and creates enhanced penalties for conspiracy to commit financial crimes based on enterprise size and gross receipts. An amendment creates a restitution fund for fraud victims. Why it matters: Skimming increased 368% from 2021-2023, with 315,000 cards compromised in 2023 alone. Organized crime rings—often connected to human trafficking—exploit low-level participants who face same penalties as masterminds under current law. What they're saying: Law enforcement testified that kingpins profiting $300,000+ face identical penalties to college kids tricked into opening bank accounts. Financial institutions reported fraud losses now exceed loan loss reserves. The Criminal Defense Attorneys Association opposed the kingpin statute as creating a new crime that stacks with existing conspiracy law and arbitrarily applies only to financial crimes. Sen. DeBoer questioned how to prove 'leadership position' and whether the statute addresses a real gap in existing law. What's next: No vote was taken. Sen. Bosn indicated willingness to work with stakeholders on amendments, noting she's been working with John Lindsay and others to address concerns.
Committee sentiment: Supportive: Sen. DeBoer, Sen. Storer
Sentiment estimated from questions and comments — not stated positions.
Session Notes
This was an exceptionally long hearing day lasting approximately 9 hours, from early afternoon into evening. The committee heard five bills total. The gubernatorial appointment of Candice Batton to the Crime Victim Reparations Committee was also heard at the beginning of the session with no testifiers in support or opposition. Multiple testifiers expressed appreciation for the committee's patience and long hours. Sen. Bosn noted at the end that some bills scheduled after LB684 likely received fewer testifiers than they would have due to the late hour.
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