Cloture attempt on police pursuit liability bill fails

After four hours of select file debate spanning two days, an attempt to force a vote on a bill that would have lessened the liability facing the state and political subdivisions in the event of a police pursuit failed Feb. 25.

Currently, the state and subdivisions are held liable for the death, injury and property damage to an innocent third party caused by the action of a law enforcement officer during a vehicular pursuit. LB188, introduced by Syracuse Sen. Dan Watermeier, would exclude certain passengers from the liability protections.

As amended, it would exclude any passenger who:
• fails to take reasonable steps to persuade the driver to stop the vehicle;
• promotes, provokes or persuades the driver to engage in flight from law enforcement; or
• is sought to be apprehended by law enforcement.

“Do we want taxpayers paying for passengers hurt in the crash if that passenger is engaged in felony activity and would have motivation to provoke the driver to flee?” Watermeier said. “Some say this bill isn’t important because it wouldn’t affect that many cases, but it is really important.”

In the event a passenger is excluded from liability protection because he or she is sought to be apprehended by law enforcement for felonious conduct, that conduct must have occurred immediately prior to or during the chase.

Omaha Sen. Ernie Chambers filed a motion to bracket the bill, which was pending when Watermeier offered a motion to invoke cloture, or cease debate and take an immediate vote on the bill.

The motion failed 31-9. Thirty-three votes were needed.

A failed cloture motion prevents further debate on the bill for the day. LB188 is unlikely to be scheduled for further debate this session.