Judiciary Committee
March 26, 2025
Committee Chair: Sen. Senator Carolyn Bosn | Bills Heard: 4 | Full Transcript (PDF)
LB156: Limit waiver of sovereign immunity for sexual assault of children at schools
Introduced by: Sen. Senator Danielle Conrad | Testimony: 6 proponents, 5 opponents, 1 neutral | Read bill text (PDF)
Senator Conrad seeks narrow exception to sovereign immunity for school sexual assault cases. LB156 would allow civil suits against public schools when children are sexually assaulted on school grounds or at school-sponsored activities and the school was negligent. The bill applies only to schools and requires proof of negligence—not automatic liability.
Why it matters: Under current Nebraska law, victims of school-based sexual assault have virtually no civil recourse against schools, even when schools were negligent in hiring, supervision, or security. Private schools already face such liability. The bill aims to hold public schools to the same standard while remaining narrowly tailored to sexual assault only.
What they're saying: - Proponents: Schools have a special duty to protect children in their care. Negligence standard still requires proof of duty, breach, causation, and damages. Private schools already face this liability. - Opponents: The bill is too broad despite claims of narrowness. Federal remedies (1983 claims, Title IX) are available. Negligence standard in emotionally charged cases risks legally incorrect results.
By the numbers: 36 proponent written comments; 0 opponent written comments; 1 neutral comment.
What's next: No vote taken. Committee members indicated openness to modifications including gross negligence standard, damage caps, and safe harbor provisions. Senator Conrad indicated willingness to work with committee on technical adjustments.
Committee sentiment: Supportive: Sen. McKinney Skeptical: Sen. Hallstrom, Sen. Storer Unclear: Sen. DeBoer, Sen. Bosn
Sentiment estimated from questions and comments — not stated positions.
LB236: Broader waiver of sovereign immunity for abuse and sexual assault by political subdivisions
Introduced by: Sen. Senator Danielle Conrad | Testimony: 3 proponents, 3 opponents, 0 neutral | Read bill text (PDF)
Senator Conrad introduces broader sovereign immunity waiver for abuse and sexual assault by government entities. LB236 would allow civil suits against political subdivisions when they fail to protect people in their care from abuse or sexual assault by non-employees. Unlike LB156, this applies to law enforcement, juvenile detention, and other government entities beyond schools.
Why it matters: Current law bars suits against government entities for intentional torts including sexual assault, even when the entity was negligent in protecting vulnerable people. This creates a gap where government entities face no liability for failures to protect, while private entities do.
What they're saying: - Proponents: Addresses broader category of abuse beyond schools. Negligence standard still requires proof of duty, breach, causation, and damages. Victims deserve access to justice. - Opponents: Even broader than LB156. Intentional tort exemption has existed since 1969. Undefined terms create uncertainty. Federal remedies provide appropriate balance.
By the numbers: 34 proponent written comments; 2 opponent written comments; 1 neutral comment.
What's next: No vote taken. Committee members and testifiers noted complexity of legal issues; Senator Conrad indicated willingness to work with stakeholders on potential path forward.
Committee sentiment: Supportive: Sen. DeBoer Skeptical: Sen. Storer
Sentiment estimated from questions and comments — not stated positions.
LB12: Remove statute of limitations on civil actions for child sexual assault
Introduced by: Sen. Senator George Dungan | Testimony: 14 proponents, 3 opponents, 0 neutral | Read bill text (PDF)
Senator Dungan seeks to eliminate statute of limitations on child sexual assault civil claims. LB12 would remove the current 12-year window (until age 33) for filing civil suits against third parties for child sexual assault. Suits against perpetrators already have no time limit. The bill applies only to abuse occurring after enactment.
Why it matters: Survivors of childhood sexual assault often take decades to come forward due to trauma, shame, and psychological effects. The current arbitrary age cutoff (33) doesn't reflect when survivors are psychologically ready to pursue justice. Perpetrators face no statute of limitations; third parties should be held equally accountable.
What they're saying: - Proponents: Average delay in reporting is 27 years. Courts can handle evidentiary issues. Perpetrators already have no statute of limitations. Other states have no limits or widely varying limits. - Opponents: Statute of limitations protects against stale evidence and faded memories. Could hold innocent business owners liable for predecessors' actions. Insurance companies will defend decades-old cases.
By the numbers: 14 proponent testifiers; 3 opponent testifiers. Nebraska Attorney General report documented 255 sexual assaults in Catholic Church with average 27-year reporting delay.
What's next: No vote taken. Senator Dungan indicated openness to discussing potential language addressing successor liability concerns but emphasized philosophical opposition to arbitrary time cutoffs.
Committee sentiment: Supportive: Sen. DeBoer Skeptical: Sen. Storer Unclear: Sen. Bosn
Sentiment estimated from questions and comments — not stated positions.
LB329: Expand sexual abuse by school employee statute to include contract workers
Introduced by: Sen. Senator Brad von Gillern | Testimony: 5 proponents, 3 opponents, 0 neutral | Read bill text (PDF)
Senator von Gillern expands sexual abuse statute to include school contract workers. LB329 would add school contract workers—including school resource officers, consultants, and independent contractors—to the definition of 'school employee' under Nebraska's sexual abuse statute. This closes a loophole where contract workers could only be charged with misdemeanor, not felony, for sexual contact with students ages 16-19.
Why it matters: School resource officers and contract workers have the same access to students and authority over them as direct employees, yet current law treats them differently. A deputy resource officer in Elkhorn was only charged with misdemeanor for assaulting a 16-year-old student, prompting this bill.
What they're saying: - Proponents: Contract workers have same access and power differential as employees. Felony charge sends message that kids matter. Closes loophole in existing 2020 law. - Opponents: Definition too broad; could capture construction workers with minimal contact. Age 19 threshold creates unintended consequences. Expands sex offense registry without clear justification.
By the numbers: 49 proponent written comments; 4 opponent written comments.
What's next: No vote taken. Committee members indicated openness to modifications, particularly raising age requirement from 19 to 21 and potentially striking 'including but not limited to' language. Senator von Gillern indicated willingness to work on technical adjustments.
Committee sentiment: Supportive: Sen. Rountree Unclear: Sen. DeBoer, Sen. Bosn
Sentiment estimated from questions and comments — not stated positions.
Session Notes
The Judiciary Committee held an extended hearing on March 26, 2025, covering four bills related to child sexual assault and government liability. The hearing lasted approximately 8 hours. Committee Chair Bosn noted at the outset that committee members may come and go during the hearing due to other legislative commitments. The committee used a 3-minute light system for all testifiers. Written position comments submitted by 8 a.m. on the day of hearing were included in the official record. One testifier (Derek Logue) was asked to leave after becoming disruptive and using profanity toward committee members. The hearing included emotional testimony from multiple families affected by sexual assault, as well as extensive legal discussion about sovereign immunity, tort claims, and statute of limitations. All four bills address different aspects of protecting children from sexual assault and holding government entities accountable.
Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.