Judicial package amended, advanced to final round

Lawmakers amended a package of judicial measures before advancing it from select file May 22.

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

Additionally, the measure would increase the criminal penalty for motor vehicle homicide to a Class IV felony if an individual dies as a result of a driver’s actions. A Class IV felony is punishable by up to two years’ imprisonment and 12 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 that motor vehicle operators 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.

As amended on general file, the measure includes provisions of a number of additional proposals including Bennington Sen. Wendy DeBoer’s LB600. Those provisions would allow the Nebraska Department of Transportation to reduce speed limits temporarily under conditions such as adverse weather, emergencies or traffic congestion. The measure also would outline rules for drivers encountering stopped vehicles.

Provisions of Lincoln Sen. Eliot Bostar’s LB684 proposes several changes to juvenile probation.

Under the proposal, 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.

LB684 also would permit county attorneys to file motions to revoke juvenile probation and require that when a juvenile court places a juvenile on probation, the court must conduct a hearing to determine whether the juvenile is a “high-risk juvenile probationer.”

Additionally, the bill 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.
LB684 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.

LB530 also incorporates provisions of:
● LB6, introduced by Lincoln Sen. Carolyn Bosn, which would enhance penalties for providing an individual with fentanyl if that person is seriously injured or dies as a result;
● LB44, sponsored by Sen. Terrell McKinney of Omaha, which would establish new guidelines for determining when the one-year statute of limitations begins for filing a motion for post-conviction relief;
● 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, sponsored by Sen. Barry DeKay of Niobrara, 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;
● LB404, introduced by Syracuse Sen. Bob Hallstrom, which would allow the court to extend a probation term if the probation officer and the probationer jointly apply for it; and
● LB556, sponsored by Sen. Merv Riepe of Ralston, which would lower the allowable age for youth detention from 13 to 11.

Bosn offered an amendment on select file that would replace LB530 with a modified version of the proposal. She said the amendment makes a number of changes that reflect compromise and a “showing of goodwill” between proponents and opponents of some components of the package.

Under the amendment, the term “high-risk juvenile probationer” would be replaced with “comprehensive supervision probationer.” The change would better describe the nature of the probation being offered to juveniles rather than focusing on the characteristics of the youth receiving those services, Bosn said.

The amendment also would establish resources for comprehensive supervision probationers, including therapeutic services, educational support, mentorship and behavioral interventions. Additionally, it specifies that when a youth is involved in both the juvenile justice and child welfare systems, the Office of Probation Administration must collaborate with the state Department of Health and Human Services to enhance coordination.

The amendment would establish a distinct set of criteria for determining detention for youths aged 11 or 12, emphasizing that all other placement options must be considered and exhausted before pursuing detention. Lastly, the phrase “harm to self” would be removed from the list of reasons that could justify juvenile detention.

McKinney proposed two amendments to Bosn’s amendment, both focusing on provisions in LB684 that would require the Office of Probation Administration to create a list of all juvenile probationers in each county and share that list with the corresponding county law enforcement agency.

Under both of McKinney’s amendments, only law enforcement officers with the rank of captain, chief, deputy chief, sheriff or an equivalent position would be granted access to juvenile information.

McKinney said the change would better protect youth and their private information, preventing officers from using such data to target them.

“At the end of the day — regardless of why they are in the system — they are youth,” he said. “We need to protect them as much as possible to make sure that the information about them isn’t just widely [or] readily available for just anybody to access.”

Bosn opposed both amendments, saying that while she understood McKinney’s concerns, the sharing of information would improve communication between law enforcement, probation officers and courts when working with troubled youth.

“The communication between those groups is in the best interest of not only public safety but also these juveniles,” she said.

Both amendments failed.

Lawmakers also rejected an amendment brought by Omaha Sen. Ashlei Spivey to specify that any costs incurred by political subdivisions due to changes in LB530 would be reimbursed by the state.

Finally, Sen. George Dungan of Lincoln offered an amendment, adopted 38-0, to remove the provisions of McKinney’s LB44 from the omnibus package. He said the change was agreed upon after concerns were raised that the bill’s wording might unintentionally impose further restrictions on obtaining post-conviction relief.

“The long story short — we need more time to figure it out,” Dungan said.

Senators then voted 41-5 to adopt Bosn’s amendment before advancing LB530 to final reading by voice vote.