Police officer incapacitation changes advanced

Senators gave first-round approval April 19 to a bill that would clarify the revocation and suspension provisions for law enforcement training certificates and diplomas.

LB538, introduced by Omaha Sen. Ernie Chambers, would define 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.”

Chambers said a law enforcement officer’s license can be suspended or revoked due to incapacity, but there is no definition of incapacity in statute.

A Judiciary Committee amendment, adopted 25-0, clarified that a temporary physical, mental or emotional incapacity would not be deemed to exist if a law enforcement officer remains employed as an officer in a restricted or limited duty status.

Chambers offered an amendment, adopted 25-0, that replaced the committee amendment and instead clarified that a law enforcement officer would not be deemed incapacitated if he or she remains employed as a law enforcement officer in a restricted or limited duty status.

The amendment also would require law enforcement agencies 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 and that the officer’s law enforcement certificate would be suspended until such incapacity no longer prevents him or her from performing essential duties.

Additionally, the amendment eliminated provisions originally included in the bill that would have required the Nebraska Commission on Law Enforcement and Criminal Justice to review each officer’s case up to the current time.

The bill advanced to select file on a 31-0 vote.