Life without parole provisions clarified

Senators gave final approval March 4 to a bill that clarifies 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, strikes the phrase “without parole” in the sections of law where it was added during the 2002 special session.

The bill passed on a 45-0 vote.