Judiciary

Ignition interlock, upskirting, human trafficking changes passed

Senators passed a bill April 3 that reduces penalties for violating ignition interlock device restrictions. It was amended to also address human trafficking, “upskirting” and funerals.

Introduced by Wilber Sen. Russ Karpisek, LB998 lowers the penalty for using a vehicle not equipped with an ignition interlock device for individuals restricted to driving only vehicles with the device. Ignition interlock devices prevent a vehicle from starting if the driver has a blood-alcohol level of .03 or higher. The bill reduces the penalty from a Class IV felony to a Class I misdemeanor.

The bill also includes provisions of LB1034, which prohibit a person from knowingly photographing, filming, recording or broadcasting images of another person’s intimate areas without that person’s consent, regardless of whether the person is in a public or private place.

Currently, Nebraska statute prohibits photography only in places where people have a reasonable expectation of privacy, such as restrooms and locker rooms.

An initial violation of the law is a Class I misdemeanor punishable by a $1,000 fine and up to one year of incarceration. A subsequent violation is a Class IV felony, punishable by a $10,000 fine and up to five years of incarceration. Sharing images or video made in violation of the law is a Class III felony, punishable by up to 50 years imprisonment.

Additionally, if an offender is at least 19 years old and the victim is younger than 18, the offender is required to register as a sex offender.

The measure also includes provisions of LB933, which update statute that prohibits human trafficking. Prohibited actions include debt bondage, threats of deportation, controlling or threating to control access to controlled substances and exploitation of disabilities.

Finally, the bill incorporates provisions of LB441, which update the Nebraska Probate Code by clarifying who may be authorized to organize a funeral.

Senators passed the bill on a 49-0 vote.

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