Nebraska approves judicial package strengthening penalties, court procedures

Nebraska senators approved a comprehensive package of judiciary bills April 10 aimed at strengthening criminal penalties, updating court procedures and expanding prohibitions on abuse of authority by individuals in positions of power.

The judicial package, which passed on a 39-10 vote, brings together provisions from multiple bills sponsored by Lincoln senators and colleagues from across the state. The measures address gaps in state law governing sexual abuse by authority figures, domestic violence protections and law enforcement credibility.

LB965, introduced by Lincoln Sen. Eliot Bostar, bars individuals in positions of authority — including probation officers, problem-solving court employees, guardians, conservators, guardians ad litem, foster and adoptive parents and child welfare service providers — from engaging in sexual contact with those under their supervision or care. The bill establishes penalties consistent with Nebraska law governing similar violations involving correctional staff, parole officers and school employees, making sexual penetration a Class IIA felony punishable by up to 20 years in prison, while sexual contact is a Class IIIA felony punishable by up to three years in prison, up to 18 months of post-release supervision, a $10,000 fine or both.

LB965 also includes Bostar's LB1123, which establishes a formal process for handling Brady-Giglio disclosures related to law enforcement credibility. The provision sets standards for maintaining and sharing credibility information about law enforcement officers in cases where their truthfulness or reliability as witnesses may be questioned.

Other provisions in the package strengthen penalties for domestic violence offenses. LB818, sponsored by Whitman Sen. Tanya Storer, increases penalties for serious and repeat domestic assault offenses, enhances penalties for strangulation or suffocations and aligns first- and second-degree penalties with comparable crimes.

LB908, introduced by Sen. Jared Storm of David City, requires courts to consider credible evidence showing increased intellectual and social growth in children who have equal access to both parents when determining custody and parenting arrangements. LB1000, sponsored by Lincoln Sen. Jason Prokop, establishes a graduated penalty structure for violations of domestic abuse and sexual assault protection orders by increasing penalties for repeat offenses.

LB785, introduced by Sen. Bob Hallstrom of Syracuse, adds postal receptacle keys and locks used for the deposit and delivery of mail to the list of burglar's tools in state law when possessed with intent to commit a crime.

The package also creates the position of county conflict counsel to provide constitutionally required representation to indigent clients when the public defender cannot be appointed due to a conflict or other good cause.