Judiciary Committee
March 12, 2025
Committee Chair: Sen. Carolyn Bosn | Bills Heard: 5 | Full Transcript (PDF)
LB511: Sex Offender Registration for Sex Trafficking and Solicitation Offenses
Introduced by: Sen. Rick Holdcroft | Testimony: 2 proponents, 1 opponents, 4 neutral | Read bill text (PDF)
Sen. Holdcroft's LB511 would require sex buyers and traffickers to register as sex offenders, targeting the demand side of Nebraska's sex trafficking problem. The bill makes retroactive a 2023 law requiring sex trafficking convictions to trigger registration, and adds new requirements for those convicted of soliciting sex or profiting from trafficking beginning January 1, 2026. It appropriates $175,000 for law enforcement grants, DHHS education campaigns, and a STOP-type diversion program for first-time solicitors.
Why it matters: Advocates say the bill addresses a critical gap—sex buyers currently face minimal consequences while victims carry lifelong trauma. Project Harmony and other anti-trafficking organizations testified that holding buyers accountable is essential to reducing demand. However, the bill raises fairness questions about retroactively imposing registration on those already convicted.
What they're saying: - Proponents: "Too often, sex buyers walk away with minimal consequences, while victims are left to carry the weight of their trauma for a lifetime," testified Pamela Mock of I've Got a Name. The bill "sends the message: Not in my state." - Opponents: The Nebraska Criminal Defense Attorneys Association argued retroactive application is "fundamentally unfair" and that expanding SORA to additional crimes dilutes its effectiveness as a community notification tool. "Everyone's on it," said Spike Eickholt, meaning the registry no longer effectively identifies who is actually dangerous.
By the numbers: 27 human trafficking convictions since Nebraska's trafficking statute took effect in 2006. The bill appropriates $25,000 to locate and notify affected offenders, $100,000 for law enforcement grants, and $50,000 for DHHS education campaigns.
What's next: No vote was taken. A neutral testifier raised constitutional concerns about the sex offender registry itself, proposing an amendment to prevent the entire registry from being struck down in court. Sen. Holdcroft indicated the AG's office reviewed those concerns and determined no changes were needed.
Committee sentiment: Supportive: Sen. Storer, Sen. McKinney Skeptical: Sen. DeBoer
Sentiment estimated from questions and comments — not stated positions.
LB578: Inmate Wages and Working Conditions
Introduced by: Sen. Machaela Cavanaugh | Testimony: 4 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Sen. Cavanaugh's LB578 would require Nebraska to pay incarcerated workers at least minimum wage, a dramatic shift from current wages of $1-2 per hour. The bill would apply to all incarcerated individuals employed by the state, counties, or private contractors. Wages would be deposited into inmate accounts, with funds available after restitution and court-ordered payments are made. The fiscal note estimates the cost at $113.5 million annually, plus $8.7 million in employer taxes.
Why it matters: Incarcerated workers perform essential prison functions—cooking, laundry, maintenance—yet earn poverty wages that leave families dependent on public assistance. Advocates argue this is both unjust and economically counterproductive, as higher wages would generate tax revenue and reduce recidivism. Opponents worry about unfunded mandates on counties and the principle that incarceration itself is punishment.
What they're saying: - Proponents: "My father earns $1.86 a day, which is barely enough to cover the most basic hygiene needs," testified Camryn Moon, a UNL junior whose father is incarcerated. "Raising wages for incarcerated workers is not just a matter of fairness, it's a matter of dignity." - Opponents: "When you commit a crime, there's a debt to society," said Sen. Storm. "Part of that debt is being incarcerated. But maybe you're going to make license plates at a lower rate so taxpayers can pay less money."
By the numbers: Current average wage is roughly $2/hour. Counties surveyed reported paying approximately $697,000 annually for 332,000 hours of work. The national average for inmate wages is $1.41/hour. TEK Industries, a private contractor, pays $17.23/hour and hires released workers.
What's next: No vote was taken. Sen. Bosn suggested an interim study to explore expanding opportunities like TEK Industries rather than a blanket minimum wage mandate, noting the new prison facility will double work space.
Committee sentiment: Supportive: Sen. McKinney Skeptical: Sen. Storer Opposed: Sen. Storm
Sentiment estimated from questions and comments — not stated positions.
LB159: Sentencing Consideration for Abuse and Trafficking Survivors
Introduced by: Sen. Dunixi Guereca | Testimony: 3 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Sen. Guereca's LB159 directs judges to consider a defendant's history of abuse or trafficking as a mitigating sentencing factor, recognizing that trauma often leads to criminal behavior. The bill does not require lighter sentences but clarifies legislative intent that courts should weigh trauma history alongside other factors. Research shows up to 90% of incarcerated women experienced trauma, and 50-75% report sexual violence.
Why it matters: Many people convicted of crimes were themselves victimized—coerced by abusers, manipulated by traffickers, or driven to crime by untreated trauma. Trauma-informed sentencing can break cycles of victimization and incarceration while maintaining accountability. Other states have adopted similar reforms.
What they're saying: - Proponents: "Survivors of abuse and trafficking often face extraordinary circumstances that can lead them into the criminal legal system," testified Melanie Kirk of the Nebraska Coalition to End Sexual and Domestic Violence. "These individuals should not be treated the same as offenders who act with free will and intent." - No opposition testified.
By the numbers: 26 proponent comments submitted for the record; 1 opponent comment; no neutral comments. Research cited: one study found one-third of sexually victimized children were incarcerated by age 24, double the rate of non-abused peers.
What's next: No vote was taken. The bill received strong support from all committee members who spoke. Sen. Guereca indicated he would answer any remaining questions.
Committee sentiment: Supportive: Sen. Storer, Sen. McKinney, Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
LB103: Rape Shield Law Clarification and Pretrial Protections
Introduced by: Sen. Wendy DeBoer | Testimony: 4 proponents, 3 opponents, 0 neutral | Read bill text (PDF)
Sen. DeBoer's LB103 would clarify that Nebraska's rape shield law protects survivors from questioning about prior sexual assaults in depositions and pretrial hearings, not just at trial. The bill addresses ambiguity in current law that has led to inconsistent rulings across judges. Some judges allow extensive questioning about prior assaults in depositions; others don't. Survivors are sometimes forced to relive trauma in private depositions about matters that would never be admissible at trial.
Why it matters: Inconsistent rulings create a chilling effect on reporting. Victims don't know whether they'll be forced to discuss prior assaults, making them reluctant to participate in prosecution. Defense attorneys argue depositions are necessary to discover whether prior allegations are false—a legitimate defense under State v. Swindle. The bill's scope and interaction with Swindle protections remains contested.
What they're saying: - Proponents: "There's often disagreement between prosecutors and defense attorneys about whether the rape shield statute applies during depositions," testified Dara Delehant of the Douglas County Attorney's Office. "Depending on which judge the case is assigned to, the ruling may be different. Some judges are even inconsistent from case to case." - Opponents: "Depositions are private settings," testified Jessica West, a public defender. "If we were to certify the question, we would then have to take the deposition out of the private setting and into a public setting... to me, I think that the backswing to that is more harmful to the alleged victims."
By the numbers: 22 proponent comments; 1 opponent comment submitted for the record. In Douglas County, 18 district court judges rule inconsistently on rape shield application in depositions.
What's next: No vote was taken. Sen. DeBoer indicated willingness to work with opponents on amendments, particularly to address concerns about false allegations under the Swindle framework. She suggested a potential mechanism where judges could review concerns about prior allegations before allowing deposition questioning.
Committee sentiment: Supportive: Sen. McKinney Skeptical: Sen. Hallstrom, Sen. Bosn
Sentiment estimated from questions and comments — not stated positions.
LB606: Parole Division Reorganization and Overcrowding Metric Change
Introduced by: Sen. Rick Holdcroft | Testimony: 1 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Sen. Holdcroft's LB606 is a cleanup bill formalizing the reorganization of Nebraska's parole system under the Department of Correctional Services, which was mandated by LB631 in 2024. The bill eliminates obsolete statutory positions and changes how overcrowding emergencies are declared—from design capacity (original physical design) to operational capacity (current operational reality including expansions and service changes).
Why it matters: The change from design to operational capacity gives the NDCS Director more flexibility in responding to overcrowding. However, even under operational capacity, several facilities would still be overcrowded, raising questions about whether the metric change addresses the underlying problem or simply provides more discretion.
What they're saying: - Proponent: "Operational capacity encompasses operational changes to the original physical design that allow each facility to accommodate increased population levels," testified Diane Sabatka-Rine of NDCS. "Moving to operational capacity would provide the NDCS Director a better metric for signifying a true overcrowding emergency." - No opposition testified.
By the numbers: The transition of parole supervision to NDCS has occurred with no major issues reported. Groundwork has begun on the new prison facility, but actual construction has not started.
What's next: No vote was taken. Sen. Holdcroft noted the bill is primarily a cleanup measure and indicated the transition is going well. He credited Sen. McKinney's LB631 for initiating the reorganization.
Committee sentiment: Unclear: Sen. McKinney
Sentiment estimated from questions and comments — not stated positions.
Session Notes
The Judiciary Committee heard six bills on March 12, 2025. Committee Chair Sen. Bosn opened with procedural instructions regarding testifier sheets, the 3-minute light system, and written testimony submission deadlines. Committee members present included Sens. Hallstrom, Storm, Holdcroft, DeBoer, and McKinney. Legal counsel Tim Young and committee clerk Laurie Vollertsen assisted. Pages Alberto Donis and Ruby Kinzie served the committee. The hearing lasted approximately 6 hours, covering complex criminal justice issues including sex trafficking, inmate wages, sentencing reform, rape shield law clarification, and correctional system reorganization. Several bills generated substantial testimony and debate, particularly LB578 (inmate wages) and LB103 (rape shield law), which revealed significant disagreement between prosecutors and defense attorneys on victim protection versus defendant rights.
Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.