Judiciary omnibus measure amended, advanced to final round

A bill containing a number of bills addressing sentencing and the courts was amended and advanced to final reading May 28.

LB150, introduced by Lincoln Sen. Carolyn Bosn, would address mandatory minimum sentences for habitual criminals convicted of certain theft or controlled substance possession offenses. Under the bill, the mandatory minimum sentence for these crimes would be three years, with a maximum not to exceed 20 years.

During select file debate, Bosn offered an amendment that replaced the bill with a modified version of the proposal. She said the amendment would harmonize the bill with other measures moving through the Legislature this session. It also would delay statewide implementation of the veteran justice program until July 1, 2027.

Bosn said the delay was necessary because the Legislature did not provide the courts specific funding to cover the “substantial” cost to implement the program statewide during this budget cycle. In addition, she said, the courts are still working on how best to implement the program in sparsely populated areas of the state.

Elmwood Sen. Robert Clements, chairperson of the Appropriations Committee, said the courts indicated in their budget hearing that it would cost approximately $9 million over the next two years to implement the veteran justice program in every court in Nebraska.

Speaking in support of the amendment, Clements said the courts do not have a line item in their budget for the program and did not object to delaying the implementation date.

Sen. Danielle Conrad of Lincoln said she was disappointed that the Legislature would “walk back” the statewide establishment of the veteran justice program, which she said was passed with bipartisan support.

The Bosn amendment was adopted 39-0.

LB150 was amended on general file to incorporate provisions of the following bills:
• LB93, introduced by Lincoln Sen. George Dungan, which would clarify the right to discovery in criminal proceedings;
• LB136, sponsored by Sen. Rick Holdcroft of Bellevue, which would require that a corporate employer be served only at the address of its registered agent, instead of an employee’s physical workplace, when a garnishment summons is issued for a debtor employed by the corporation;
• LB219, introduced by Dungan, which would eliminate a current nine-month minimum post-release supervision requirement for Class III and IIIA felonies;
• LB329, sponsored by Elkhorn Sen. R. Brad von Gillern, which would replace the definition of “school employee” in state statutes relating to sexual abuse with “school worker”;
• LB386, introduced by Sen. Tanya Storer of Whitman, which would direct the Nebraska Commission on Law Enforcement and Criminal Justice to seek and obtain federal funding for a pilot program to improve mental health resources in county jails or other facilities;
• LB412, sponsored by Syracuse Sen. Bob Hallstrom, which would allow an individual who has reason to believe he is the biological father of a child to file a civil proceeding to determine paternity;
• LB539, introduced by Sen. Brian Hardin of Gering, which would eliminate a requirement that the Nebraska State Patrol establish its own system for conducting criminal history record checks for firearm purchases;
• LB606, sponsored by Holdcroft, which would eliminate obsolete references in state law to the Division of Parole Supervision; and
• LB694, introduced by Omaha Sen. Dunixi Guereca, which would add military and veteran status to the existing list of protected classes that cannot be discriminated against in employment, public accommodation, housing and certain government activities.

Following adoption of Bosn’s amendment, senators advanced LB150 to final reading on a 37-0 vote.