Bill to enhance negligent child abuse penalties advances

Senators advanced a bill from general file March 15 that would enhance child abuse penalties.

Under LB799, as originally introduced by Bellevue Sen. Abbie Cornett, negligent child abuse that:
• does not result in serious bodily injury or death would be a Class I misdemeanor;
• results in serious bodily injury would be a Class III felony; and
• results in the death of the child would be a Class II felony.

Cornett referred to a 2010 case in which a Lincoln man was found guilty of negligent child abuse—currently a misdemeanor—in the death of a toddler. The bill would enhance penalties and create a middle ground between intentional child abuse resulting in death and negligent child abuse, she said.

“As the law stands now, the killing of a child is a lesser offense than the similar killing of an adult,” Cornett said.

A Judiciary Committee amendment, adopted 37-0, changed the bill to instead make child abuse resulting in serious bodily injury a Class IIIA felony and a Class III felony if the offense is committed negligently and results in the death of a child.

The amendment also would clarify that criminal negligence refers to a person who knew or should have known the danger involved and acted recklessly with respect to the safety or health of the child.

Omaha Sen. Brad Ashford, chairperson of the committee, said the change in penalties would provide the courts a wider variety of sentencing options in child abuse cases.

Omaha Sen. Brenda Council supported the bill and the amendment. She said LB799 would fill a gap in the ability to prosecute those who are guilty of serious bodily injury or death of a child.

Ogallala Sen. Ken Schilz offered an amendment to the bill that would incorporate provisions of LB814, a bill he introduced that would expand the Uniform Controlled Substances Act to ban the compounds that are used to make the drug commonly known as bath salts.

According to legislative rules, only amendments found to be germane, or relevant, to the bill may be considered during debate. Schilz filed a motion to suspend this rule, saying that bath salts are becoming a serious concern for communities and the issue needs to be addressed immediately.

Council said she opposed the motion because the state constitution requires that bills cover only a single subject.

Schilz withdrew both his motion to suspend the rules and his amendment.

LB799 advanced from general file on a 33-0 vote.