Judicial omnibus measure clears first round

A proposal to increase penalties for certain traffic violations and crimes was given first-round approval May 1 after lawmakers amended it to include several other bills heard by the Judiciary Committee.

LB530, introduced by Omaha Sen. Kathleen Kauth, aims to increase speeding violation fines in all categories. The bill also would clarify that driving at more than double the posted maximum speed limit would be considered prima facie evidence of reckless driving.

The proposal also would increase the criminal penalty for motor vehicle homicide to a Class IV felony if someone dies as a result of a driver’s actions. A Class IV felony is punishable by up to two years’ imprisonment and twelve months of post-release supervision, a fine of $10,000 or both.

After a motor vehicle homicide conviction, a court could order a driving ban based on the crime’s severity, lasting from two to 15 years. The person’s driver’s license would be suspended for the same amount of time.

LB530 also would add a new requirement to the Nebraska Rules of the Road requiring motor vehicle operators to exercise due care and caution when approaching or passing “vulnerable road users.” The bill defines vulnerable road users as pedestrians, first responders, construction workers, bicyclists and motorcyclists, among others.

Kauth said instances of speeding and distracted driving have become more frequent, often resulting in accidents that cause serious injuries and fatalities. The goal is to give drivers a stronger incentive to prioritize safe driving by increasing speeding violation fines, she said, which has not been done in several years.

“This is looking towards the future,” Kauth said. “We know nothing can bring back the people we’ve lost, but we would like to make it so people think twice when they get in their car and need to focus and pay attention to who else is sharing the road.”

LB530 also includes provisions of Bennington Sen. Wendy DeBoer’s LB600, which would allow the Nebraska Department of Transportation to temporarily reduce speed limits under conditions like adverse weather, emergencies or traffic congestion. The provisions also would outline rules for drivers when encountering a stopped vehicle.

A Judiciary Committee amendment would add the provisions of several other bills related to penalties.

Omaha Sen. Ashlei Spivey offered a successful motion to divide the committee amendment and consider the component provisions separately. The first division considered contained the combined provisions of Lincoln Sen. Eliot Bostar’s LB684 and Ralston Sen. Merv Riepe’s LB556.

Under the provisions of LB684, juvenile probation functions of the Office of Probation Administration would be transferred to a newly established Juvenile Probation Agency overseen by the executive branch. In consultation with the Nebraska Supreme Court, the agency would oversee the juvenile probation system, develop policies and standards and supervise juveniles on probation.

As amended, the proposal also would make it a Class IV felony to remove, alter or tamper with an electronic monitoring device mandated by court order as a condition of parole.

The measure would make several changes to juvenile probation, one of which would permit county attorneys to file motions to revoke juvenile probation.

As amended, LB684 also would permit juvenile detention when deemed immediately necessary due to a clear record of behaviors such as fleeing from law enforcement, leaving home without permission, committing violent offenses or threatening self harm or harm to others.

The provisions of Ralston Sen. Merv Riepe’s LB556 would lower the minimum age for youth detention from 13 to 11. If a juvenile is detained for more than 24 hours, a hearing would be required and could be waived only if both the juvenile’s lawyer and the prosecuting attorney agree.

Riepe spoke in support of the provisions of his bill included in the divided committee amendment, which he described as a “measured” and “responsible” approach to how Nebraska handles juvenile detention.

“We are seeing an increase in serious and violent offenses involving very young juveniles,” Riepe said. “Children as young as 11 have been involved in armed robberies, carjackings and violent assaults, even murder. We cannot close our eyes to this reality, but our response must be fair, structured and compassionate.”

Lincoln Sen. Carolyn Bosn, chairperson of the committee, also supported the provisions, saying that detention should be a “last resort” but sometimes is the best option. Detention ensures safety for the youth, their families and the public, she said, and gives all parties a chance to take a pause and consider next steps.

Sen. Bob Hallstrom of Syracuse echoed Bosn’s comments. In some cases, he said, parents support detention and are “crying out for assistance” in helping their child.

“I think we look at the bill as a preventative measure,” Hallstrom said, “Structured intervention has, and can, make a difference between rehabilitation and the offender continuing down the path of crime.”

Lincoln Sen. George Dungan opposed both components of the divided committee amendment. He said court-involved youth need additional resources and increased access to care. Riepe’s measure instead would use juvenile detention as an emergency placement, he said.

Additionally, Dungan said, several changes outlined in Bostar’s LB684 “fly in the face” of reforms the Legislature has made over the past decade regarding juvenile justice and child welfare.

Dungan proposed two amendments, the first of which would remove provisions allowing county attorneys to request probation revocation. It was rejected by senators 12-26. The second, which aimed to prevent lowering the minimum detention age from 13 to 11, also was rejected on a 13-29 vote.

Spivey also opposed the provisions of both measures, which she said likely would disproportionately impact youth of color. She proposed a series of amendments, one of which aimed to decrease the suggested penalty for tampering with an electronic monitoring device from a Class IV felony to a Class I misdemeanor. Senators adopted that amendment 37-0.

Following the adoption of Spivey’s amendment, senators voted 35-0 to adopt the first division of the committee amendment.

The second division of the committee amendment contained provisions of LB6, introduced by Bosn, which would enhance penalties for providing an individual with fentanyl if that person is seriously injured or dies as a result.

Under the provisions, a penalty would be enhanced to the next higher penalty classification, not to exceed a Class IB felony. A Class IB felony carries a penalty of 20 years to life imprisonment.

Bosn said fentanyl has been linked to numerous overdoses in young Nebraskans, several of which have been fatal. Fentanyl is particularly dangerous, she said, because it can be added to other drugs without the user’s knowledge and an amount equal to “two grains of sugar” can cause significant harm.

Lawmakers adopted the second division of the committee amendment on a vote of 33-5.

The third division, adopted 28-3, contains the provisions of LB44, sponsored by Omaha Sen. Terrell McKinney. The measure would establish new guidelines for determining when the one-year statute of limitations begins for filing a motion for postconviction relief.

The final divided portion of the committee amendment was adopted 35-0 and includes provisions of the following measures:

• LB124, introduced by Bellevue Sen. Rick Holdcroft, which would update the penalty for motor vehicle homicide of an unborn child caused by driving under the influence from a Class IIIA to a Class IIA felony, which carries a maximum penalty of 20 years’ imprisonment;
• LB395, introduced by Niobrara Sen. Barry DeKay, which would allow law enforcement to inspect sealed records of individuals younger than 25 who apply for a gun permit or handgun purchase to check for prior domestic violence adjudications and would require courts to inform juveniles about firearm possession prohibitions after completing probation; and
• LB404, introduced by Hallstrom, which would allow the court to extend a probation term if the probation officer and the probationer jointly apply for it.

Senators then voted 33-0 to advance LB530 to select file.