Police officer incapacitation changes adopted

Senators passed a bill May 1 that clarifies the revocation and suspension provisions for law enforcement training certificates and diplomas.

LB538, introduced by Omaha Sen. Ernie Chambers, defines incapacity relating to a law enforcement officer as “incapable of or lacking the ability to perform or carry out the usual duties of a law enforcement officer in accordance with the standards established by the commission due to physical, mental or emotional factors.”

The bill also clarifies that a law enforcement officer will not be deemed incapacitated if he or she remains employed as a law enforcement officer in a restricted or limited duty status.

Law enforcement agencies will be required to report to the Nebraska Police Standards Advisory Council an officer who is separated from the agency due to a physical, mental or emotional incapacity. The officer’s law enforcement certificate will be suspended until such incapacity no longer prevents him or her from performing essential duties.

Senators passed the bill on a 45-0 vote.