Judiciary Committee
March 5, 2025
Committee Chair: Sen. Carolyn Bosn | Bills Heard: 5 | Full Transcript (PDF)
LB443: Unlawful Squatting
Introduced by: Sen. Brad von Gillern | Testimony: 4 proponents, 6 opponents, 0 neutral | Read bill text (PDF)
Senator von Gillern's squatting bill draws sharp divide between property rights and due process concerns. LB443 would give law enforcement a streamlined process to remove unauthorized occupants from dwellings based on sworn affidavits, bypassing lengthy civil eviction proceedings. The bill explicitly excludes holdover tenants and immediate family members.
Why it matters: Property owners testified they face months-long evictions costing thousands in damages and lost rent. But opponents worry the bill shifts the burden to accused persons to prove their right to be there—inverting the presumption of innocence—and could ensnare lawful tenants with verbal leases or missing documentation.
What they're saying: - Proponents: "This fills a critical gap. Law enforcement currently tells property owners it's a civil matter, leaving them stuck in expensive court battles," said Douglas County Sheriff Aaron Hanson. - Opponents: "Lawful tenants without written leases could face wrongful arrest," testified Legal Aid attorney Noah Rasmussen. Homeless advocates warned the bill, despite disclaimers, could criminalize survival.
By the numbers: Nearly 40% of rental property owners show annual losses on their investments, according to IRS data cited by proponents. Civil eviction in Nebraska can take 10+ days minimum, plus 30-day notice periods.
What's next: No vote taken. Senator von Gillern indicated willingness to work with committee on amendments, particularly Senator DeBoer's suggestion to move the mechanism to civil forcible entry and detainer statutes rather than criminal code.
Committee sentiment: Skeptical: Sen. Wendy DeBoer, Sen. Bob Hallstrom Unclear: Sen. Tanya Storer
Sentiment estimated from questions and comments — not stated positions.
LB518: Parole Supervision Reporting
Introduced by: Sen. Margo Juarez | Testimony: 0 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
LB518 is the legislative equivalent of a filing system upgrade. Senator Juarez's bill consolidates two existing Department of Correctional Services reports into one annual document, eliminating the need for legislators and the public to hunt across multiple sources for parole data.
Why it matters: The bill costs nothing—NDCS already collects the data—but improves transparency and accessibility of information about parole revocations, individuals held past eligibility, and state cost savings.
What they're saying: "It's just convenience," Senator Juarez explained. "Everything being together makes sense."
What's next: No testimony was offered for or against the bill. Senator Juarez noted that Doug Koebernick, who requested the bill, was out sick but would have testified in support. No vote was taken.
Committee sentiment: Supportive: Sen. Carolyn Bosn Unclear: Sen. McKinney
Sentiment estimated from questions and comments — not stated positions.
LB464: Organized Retail Crime
Introduced by: Sen. Carolyn Bosn | Testimony: 5 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Senator Bosn's organized retail crime bill targets the criminal networks behind flash-mob shoplifting, not the shoplifters themselves. LB464 defines organized retail crime as coordinated theft for resale and allows prosecutors to aggregate thefts across multiple stores and locations—closing a loophole where organized groups stay under the $1,500 felony threshold at each location.
Why it matters: Organized retail crime has exploded from $15-40 billion in losses annually to $122 billion in 2023. These aren't impulse shoplifters; they're coordinated rings often linked to drug trafficking and gang activity. Retailers are closing stores, jobs are disappearing, and consumers pay higher prices.
What they're saying: - Proponents: "A woman in Omaha was literally taking orders on Facebook for stolen items," testified Lincoln Police Director Jared Minary. "Three women stole $4,569 from Victoria's Secret stores across southeast Nebraska, connected to $50,000+ in stolen goods sold online." - Opponents: Defense attorneys worry Section 5 could snare innocent online buyers who don't know goods are stolen. "Every word in a statute has meaning," cautioned Spike Eickholt, suggesting the provision needs clarification.
By the numbers: Organized retail crime grew 200% in four years. One case involved $14,000 in stolen garage heaters hit multiple times daily across Nebraska.
What's next: No vote taken. Senator Bosn indicated willingness to work with Mr. Eickholt on Section 5 language, calling it "the first time he's acknowledged a problem and wanted to work on a solution."
Committee sentiment: Supportive: Sen. Carolyn Bosn, Sen. Tanya Storer, Sen. Jared Storm Skeptical: Sen. Wendy DeBoer
Sentiment estimated from questions and comments — not stated positions.
LB127: Wrongful Charge Damages
Introduced by: Sen. Dan McKeon | Testimony: 5 proponents, 3 opponents, 0 neutral | Read bill text (PDF)
LB127 would make taxpayers pay when the criminal justice system fails innocent people—but senators sharply divided on whether that's justice or overreach. The bill requires counties or the state to compensate defendants found not guilty, whose charges are dismissed, or whose convictions are overturned, covering attorney fees and lost wages.
Why it matters: Wrongfully accused individuals face devastating consequences: legal debt, job loss, shattered reputations, PTSD. One testifier spent 3.5 years awaiting trial, refinanced her home, and went into massive debt—only to be acquitted. Yet she has no recourse. The Beatrice Six case cost Gage County $28 million and required raising property taxes for five years.
What they're saying: - Proponents: "If you're found not guilty, you're innocent. Period," testified ACLU fellow Jason Witmer. "The state should bear the cost of its errors, not the individual." - Opponents: "This would have a chilling effect on prosecution," warned Hall County Attorney Marty Klein. "Prosecutors make charging decisions on good faith basis, not beyond reasonable doubt. This changes that standard."
By the numbers: American confidence in courts dropped to record low of 35% in 2024, down 24% since 2020, according to Gallup data cited by Senator McKeon.
What's next: No vote taken. Senator McKeon indicated willingness to work with committee on amendments. Significant disagreement remains about whether bill solves the problem or creates new ones.
Committee sentiment: Supportive: Sen. McKinney Skeptical: Sen. Bob Hallstrom Opposed: Sen. Carolyn Bosn, Sen. Wendy DeBoer, Sen. Tanya Storer, Sen. Jared Storm Unclear: Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
LB271: Railroad Infrastructure Protection
Introduced by: Sen. Tanya Storer | Testimony: 3 proponents, 1 opponents, 1 neutral | Read bill text (PDF)
LB271 would create railroad-specific felonies for tampering with tracks and equipment—but debate centers on whether existing criminal mischief law already covers the conduct. The bill emerged from an April 2024 incident near Bennet where a rail fan cut a switch padlock to film a derailment, causing $300,000+ in damage and endangering lives.
Why it matters: Railroads carry hazardous materials—chemicals, ethanol, petroleum—through Nebraska communities. A derailment could cause explosions and mass casualties. Federal authorities declined to prosecute the Bennet case because the suspect was a juvenile. State law left only criminal mischief as an option.
What they're saying: - Proponents: "$350,000 worth of damage is more than mere mischief," testified BNSF Railway. "Anyone within a quarter to half mile could be hit by the derailing train or flying shrapnel." - Opponents: "Everything this bill creates is already criminalized," testified defense attorney Spike Eickholt. "The Bennet case was adequately charged as Class IV felony mischief."
By the numbers: Bennet derailment caused $300,000+ damage. 2019 Blair derailment involved petroleum and propane tanks through middle of town; federal sentence was one year.
What's next: No vote taken. Senator Storer indicated confidence bill will be refined with amendments addressing redundancy concerns and federal preemption questions. Testifiers expressed willingness to work together on language.
Committee sentiment: Supportive: Sen. Tanya Storer, Sen. Jared Storm, Sen. Rountree Skeptical: Sen. Wendy DeBoer
Sentiment estimated from questions and comments — not stated positions.
Session Notes
Hearing began at approximately 1:00 p.m. and concluded after 6:00 p.m. Committee heard five bills. LB443 (squatting) generated most testimony with 12 testifiers. LB518 (parole reporting) had no testifiers. LB464 (organized retail crime) had 6 testifiers. LB127 (wrongful charge damages) had 9 testifiers. LB271 (railroad infrastructure) had 5 testifiers. Committee Chair Bosn enforced strict 3-minute testimony limits. Multiple amendments were distributed during hearing. Several testifiers indicated willingness to work with bill introducers on refinements.
Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.