Bill would clarify life without parole provisions

The Judiciary Committee heard joint testimony Jan. 21 on two measures meant to clarify provisions of Nebraska law regarding the penalty for a Class I felony.

Currently, penalties for a Class I felony include death and life imprisonment without parole.

In 2002, the Legislature held a special session to address Nebraska’s capital punishment sentencing laws following a ruling by the U.S. Supreme Court in Ring v. Arizona. In that case, the court held that a defendant has the right to have a jury, rather than a judge, decide on the existence of an aggravating factor that makes the defendant eligible for the death penalty.

During the special session, language was adopted to clarify that the penalty for Class I felonies, when the death penalty is not utilized, is life imprisonment “without parole.”

However, in 2005, the Nebraska Supreme Court ruled in State v. Conover, that two of those changes were outside the scope of the governor’s call, which determines the parameters of what lawmakers may consider during a special session. As a result, the addition of the words “without parole” was ruled unconstitutional in those two sections.

LB12, introduced by Lexington Sen. John Wightman, would strike the phrase “without parole” in the sections of law where it was added during the 2002 special session.

LB13, also introduced by Wightman, would reinsert the provision of life without parole. Doing so during a regular legislative session, when there are no restrictions on a bill’s subject matter, would negate the court’s objection in the Conover case, Wightman said.

“I think it is time to fix Nebraska’s sentencing law,” he said.

The committee took no immediate action on the bills.