Judiciary Committee
March 27, 2025
Committee Chair: Sen. Carolyn Bosn | Bills Heard: 6 | Full Transcript (PDF)
LB273: Health Care Power of Attorney for Pregnant Women
Introduced by: Sen. Megan Hunt | Testimony: 1 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Hunt's health care power of attorney bill removes a legal barrier that prevents agents from authorizing lifesaving treatment for pregnant women. The current statute prohibits health care agents from making any decision that could harm an unborn child, even when the mother's life is at stake—a restriction that doesn't apply to court-appointed guardians. LB273 would align the two by allowing agents to authorize treatment when a physician determines the woman's life is at risk. Why it matters: The bill addresses a real gap in Nebraska law that forces families to choose between a woman's life and a pregnancy, or pursue costly guardianship proceedings. What they're saying: Matthew Wurstner, the estate planning attorney who brought the bill to Sen. Hunt, testified that the current loophole already exists—families can file for guardianship to get around the restriction, creating unnecessary legal fees and stress. "The power exists already in a convoluted way that seems to benefit nobody but lawyers," he said. Sen. DeBoer clarified the bill is neutral on the mother-versus-fetus question; it simply lets the principal decide in advance. What's next: No vote was taken. The committee received 16 proponent, 3 opponent, and 0 neutral written comments.
Committee sentiment: Supportive: Sen. DeBoer Skeptical: Sen. Hallstrom
Sentiment estimated from questions and comments — not stated positions.
LB492: Truancy Law Reform
Introduced by: Sen. Danielle Conrad | Testimony: 5 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Conrad's truancy reform bill narrows Nebraska's broad 20-absence rule by raising the age threshold to 13 and requiring schools to prove educational attainment loss before filing charges. The bill creates affirmative defenses for legitimate absences—illness, religious activity, lack of transportation, mental or physical health issues—and requires schools to document that they provided required interventions. Why it matters: Current law ensnares children from strong families with no control over their absences, disproportionately affecting students of color and those in poverty. Truancy through the courts is expensive and ineffective; community-based services work better. What they're saying: Public defender Jennifer Houlden testified the bill restores "commonsense, fundamental fairness" by holding children responsible only for conduct they control. Voices for Children presented data showing 25% of Nebraska students were chronically absent in 2023-24, with disparate impact on vulnerable populations. County Attorney Bri McLarty opposed, arguing the bill creates unfunded mandates on schools and may disrupt early intervention programs. By the numbers: 5 proponent, 1 opponent, 0 neutral written comments. What's next: No vote was taken. The bill drew significant committee discussion about the proper role of courts versus community services in addressing attendance.
Committee sentiment: Supportive: Sen. DeBoer, Sen. McKinney Skeptical: Sen. Bosn, Sen. Hallstrom, Sen. Storer
Sentiment estimated from questions and comments — not stated positions.
LB395: Sealed Juvenile Records and Firearm Possession
Introduced by: Sen. Barry DeKay | Testimony: 2 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
DeKay's bill closes a public safety gap by allowing law enforcement to access sealed juvenile records when determining firearm permit eligibility. Since 2018, Nebraska law has prohibited firearm possession by juveniles ages 19-25 with prior felony or domestic violence convictions, but sealed record statutes prevent law enforcement from accessing the information needed to enforce the ban. The result: prohibited individuals have been issued handgun permits and later arrested for violent crimes. Why it matters: The gap undermines public safety without serving the purpose of sealing records, which is to protect juveniles' futures by keeping their identities private. What they're saying: Kari Rumbaugh, deputy administrator of the Supreme Court's Administrative Office, testified judges reported cases where prohibited juveniles obtained permits. Will Rinn, Douglas County Sheriff's chief deputy, stated his office receives weekly applications from sealed-record juveniles unsuitable for permits but must issue them anyway. What's next: No vote was taken. The bill received 6 proponent and 4 opponent written comments. An amendment from Nebraska State Patrol addresses FBI information sharing for long gun checks.
Committee sentiment: Supportive: Sen. Hallstrom Skeptical: Sen. McKinney
Sentiment estimated from questions and comments — not stated positions.
LB466: Placeholder Bill for Juvenile Statutes
Introduced by: Sen. Carolyn Bosn | Testimony: 0 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Bosn's LB466 is a placeholder bill with no action expected. The bill was introduced to have something available if court rulings came down or juvenile statute issues needed fixing, but no such issues have materialized. What's next: No testimony was taken. No position comments were submitted. The bill was waived without discussion.
LB706: Mental Health Crisis Response with Social Service Specialists
Introduced by: Sen. Terrell McKinney | Testimony: 6 proponents, 1 opponents, 1 neutral | Read bill text (PDF)
McKinney's LB706 would require law enforcement to be accompanied by trained social service specialists when responding to mental health crises, when safe and reasonably practical. The bill establishes dispatcher training to identify mental health calls and requires agencies to adopt written policies. Agencies that fail to comply may lose certain funding. Why it matters: Law enforcement officers are not mental health professionals. Co-responder programs in other states have successfully diverted people from jails and emergency holds, reduced officer workload, and saved money. What they're saying: Proponents cited the REAL program in Lincoln, which reduced emergency protective custody by 33% within two years. Sherman Wells shared the tragic story of his friend Michael Harris, who died in 2014 after police arrested him for being paranoid at a liquor store—a situation a mental health professional might have handled differently. Bryan Waugh, chief of police in Kearney and president of the Police Chiefs Association, agreed with the bill's goals but testified the mandates are "unrealistic and virtually impossible" for rural areas. He noted Kearney's successful co-responder program reduced EPCs by 30% but took a year to hire the right person. He would support a grant program instead of a mandate. By the numbers: 16 proponent, 7 opponent, 1 neutral written comments. Fiscal note: $4.9 million. What's next: No vote was taken. McKinney indicated willingness to work with rural colleagues and explore alternatives like grant programs and telehealth.
Committee sentiment: Supportive: Sen. DeBoer Skeptical: Sen. Storer, Sen. Hallstrom Unclear: Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
LB700: Juvenile Criminal Justice Reform
Introduced by: Sen. Terrell McKinney | Testimony: 5 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
McKinney's LB700 overhauls Nebraska's juvenile criminal justice system by extending jurisdiction to age 26 for serious offenses, prohibiting life sentences for those under 22, and requiring developmentally appropriate protections during interrogation. The bill recognizes that young people's brains develop into their 20s and are more prone to impulsive decisions and manipulation. Why it matters: Science shows 42% of exonerations involving minors at interrogation involved false confessions versus 13% of adults. Life sentences cost $2 million per person while productive adults contribute $1 million to society. Keeping kids near families and communities improves outcomes. What they're saying: Sherman Wells shared the story of his 14-year-old cousin Tyon, an honor roll student charged as an adult for a robbery resulting in death. Tyon received 40 years; the 15-year-old who coaxed him and had a criminal history turned state evidence and left town. Clarice Dombeck testified about Jordan Goodwin, sentenced to 60 years at age 14 for a killing while in foster care with untreated mental health issues. County Attorney Bri McLarty opposed, arguing the bill shifts sentencing based solely on age and extends juvenile court to fully independent adults. She requested 'may' instead of 'shall' for day and evening reporting centers and raised concerns about out-of-state placement restrictions. By the numbers: 12 proponent, 7 opponent, 1 neutral written comments. What's next: No vote was taken. McKinney indicated willingness to work with county attorneys on language and emphasized the importance of humanizing the conversation and giving youth second chances.
Committee sentiment: Supportive: Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
Session Notes
The committee heard seven bills on March 27, 2025. Chair Bosn opened with procedural instructions regarding testifier sheets, the three-minute light system, and written position comment deadlines. Committee members introduced themselves: Sen. Bob Hallstrom (District 1), Sen. Jared Storm (District 23), Sen. Tanya Storer (District 43), Sen. Rick Holdcroft (District 36), and Sen. Wendy DeBoer (District 10). Legal counsel Denny Vaggalis and committee clerk Laurie Vollertsen assisted. Pages Ayden Topping and Alberto Donis were introduced. The hearing was rescheduled from the previous week due to a blizzard. No votes were taken on any bills. The committee received written position comments on all bills heard.
Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.