Session Review: Judiciary
The Judiciary Committee considered a wide range of topics this session, including enhanced criminal penalties, reforms to Nebraska’s court system and stronger consumer protections.
Penalties
An omnibus public safety bill that updates several traffic and criminal penalties was approved by senators this year.
LB530, introduced by Omaha Sen. Kathleen Kauth, raises speeding fines across all categories and clarifies that driving more than twice the posted speed limit constitutes prima facie evidence of reckless driving.
The bill also increases the penalty for motor vehicle homicide and requires drivers to exercise due care when approaching or passing “vulnerable road users,” including pedestrians, first responders, construction workers, bicyclists and motorcyclists.
The measure was amended to include provisions of:
• LB6, sponsored by Sen. Carolyn Bosn of Lincoln, which enhances penalties for providing an individual with fentanyl if that person is seriously injured or dies as a result;
• LB124, introduced by Bellevue Sen. Rick Holdcroft, which updates 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;
• LB395, sponsored by Sen. Barry DeKay of Niobrara, which allows 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 requires courts to inform juveniles about firearm possession prohibitions after completing probation;
• LB404, introduced by Syracuse Sen. Bob Hallstrom, which allows the court to extend a probation term if the probation officer and the probationer jointly apply for it;
• LB556, sponsored by Sen. Merv Riepe of Ralston, which lowers the allowable age for youth detention from 13 to 11;
• LB600, introduced by Bennington Sen. Wendy DeBoer, which allows the Nebraska Department of Transportation to reduce speed limits temporarily under conditions such as adverse weather, emergencies or traffic congestion and outlines rules for drivers encountering stopped vehicles; and
• LB684, sponsored by Sen. Eliot Bostar of Lincoln, which, among other changes, transfers juvenile probation functions from the Office of Probation Administration to a newly established executive branch Juvenile Probation Agency.
Lawmakers passed LB530 on a 37-11 vote.
LB559, introduced by Bosn and passed 43-6, criminalizes the unauthorized use of skimmer devices, defined as an electronic or other device used to capture, record, store or transmit data from a financial transaction device or to capture or record an account holder’s personal identification code.
The bill also creates a “kingpin” statute that enhances penalties for individuals who lead a series of financial crimes involving two or more people and authorizes the forfeiture of assets obtained through such offenses.
Included in the measure are provisions of Bosn’s LB464. Those provisions establish the crime of organized retail theft, provide penalties and create the Financial Fraud Victims’ Reimbursement Fund, to be administered by the state attorney general’s office.
Lawmakers also passed a bill broadening legal immunity to those prescribing, dispensing, administering or purchasing medications that rapidly reverse an opioid overdose.
LB195, sponsored by Pender Sen. Glen Meyer, replaces the term naloxone, commonly known by the brand name Narcan, in state law with the broader language of “opioid overdose reversal medication.”
The change will allow similar generic and over-the-counter medications to be prescribed, dispensed, purchased and administered with legal immunity.
LB195 passed on a 47-0 vote.
Under current law, a person who assaults an officer, emergency responder, state correctional employee or health care professional faces enhanced penalties. LB322, sponsored by Sen. Stan Clouse of Kearney, would add a pharmacist engaged in their official duties to that list.
The measure would require posted signage at pharmacies stating that assaulting a pharmacist or striking them with bodily fluid is a serious crime and may be punishable as a felony. The bill also would make several technical changes to harmonize Nebraska’s assault statutes and update the definition of public safety officer.
LB322 was amended to include provisions of Lincoln Sen. Beau Ballard’s LB26, which would extend current assault protections for licensed health care professionals to all hospital and clinic employees.
The measure advanced from first-round debate but was not scheduled for further consideration this session. It remains on select file.
Courts
LB513, introduced by Bosn, increases Nebraska Supreme Court judges’ salaries by 1.5% over each of the next two fiscal years. Salaries will rise to $228,431 on July 1, 2025, and to $231,858 on July 1, 2026.
All Nebraska judges are paid using a statutory formula based on a percentage of the salary of the chief justice. The bill passed 38-11 and took effect immediately.
LB640, sponsored by the Judiciary Committee and passed 47-2, clarifies the calculation of “good time” for individuals serving city or county jail sentences. Under the bill, sentence reductions are based on the aggregate of the remaining term, including the sum of all consecutive sentences the person receives, whether received at the same time or at any time during their sentence or confinement.
Senators also approved an omnibus court measure sponsored by Bosn. LB150 clarifies that the mandatory minimum sentence for habitual criminals convicted of certain theft or controlled substance possession offenses is three years, with a maximum not to exceed 20 years.
The measure also delays statewide implementation of the veteran justice program until July 1, 2027.
LB150 was amended to include the provisions of:
• LB93, introduced by Lincoln Sen. George Dungan, which clarifies the right to discovery in criminal proceedings;
• LB136, sponsored by Holdcroft, which requires 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 eliminates 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 replaces the definition of “school employee” in state statutes relating to sexual abuse with “school worker”;
• LB386, introduced by Sen. Tanya Storer of Whitman, which directs 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 Hallstrom, which allows 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 eliminates 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 eliminates obsolete references in state law to the Division of Parole Supervision; and
• LB694, introduced by Omaha Sen. Dunixi Guereca, which adds 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.
LB150 passed on a vote of 43-5 and took effect immediately.
Hallstrom sponsored LB80, passed on a 46-3 vote, which consolidates existing state laws regarding protective orders for domestic abuse, sexual assault and harassment into a single Protection Orders Act.
Under the bill, protection orders, depending on the evidence presented and the court’s discretion, may be issued initially for one year or two years and are renewable. Additionally, certified copies must be provided free of charge to petitioners and law enforcement, and petitioners may request that their contact information remain confidential.
LB80 also includes provisions of LB141, introduced by Bellevue Sen. Victor Rountree, which requires the state Department of Health and Human Services to notify military authorities and military family advocacy programs when a report of child abuse or neglect is received that involves a member of a military family.
Also sponsored by Rountree and included in LB80 is LB267, which allows landlords to remove a tenant from a rental agreement if the tenant commits an act of domestic violence against another household member if a protection order or similar legal measure is in effect.
Additionally, the provisions require landlords to install new locks on housing units under certain circumstances if the tenant has obtained a protective or similar legal order.
LB388, introduced by DeBoer and passed 46-0, updates eligibility and election procedures for attorney members of Nebraska’s judicial nominating commissions, which help select judicial candidates by recommending names to the governor.
Consumer Protections
LB383, introduced by Storer at the request of Gov. Jim Pillen, creates the Parental Rights in Social Media Act. Beginning Jan. 1, 2026, social media companies operating in Nebraska must utilize “reasonable age verification” processes to ensure anyone creating an account on their platform is at least 18 years old.
Under the bill, individuals under 18 may open an account with parental consent, as long as their parent verifies their age and submits a signed document confirming such consent.
LB383 also requires social media companies to provide methods for parents to monitor a minor’s account activity and include options for a parent to:
• view all posts the minor account holder makes under the social media platform account;
• view all responses and messages sent to or by the minor account holder;
• control the minor’s privacy and account settings; and
• monitor and limit the amount of time the minor account holder spends using the social media platform.
The Nebraska attorney general is responsible for enforcing the act, which allows for penalties of up to $2,500 for each violation.
Also included in LB383 are provisions from Hardin’s LB172, which update and expand the definition of child pornography to include images generated by artificial intelligence or computers and criminalize the act of knowingly receiving child pornography.
LB383 passed on a vote of 46-3.
LB230, introduced by Hallstrom, adopts the Kratom Consumer Protection Act and requires kratom products sold in Nebraska to comply with federal and state manufacturing, packaging and labeling requirements.
Sale of kratom to individuals under 21 years old is prohibited under the bill, and e-commerce platforms must implement online age-verification systems.
Additionally, the bill prevents the manufacture or sale of kratom products targeted at children and requires specific labeling for all kratom products. The state Department of Revenue must establish and oversee a registry of kratom products approved for sale in Nebraska and make it available on the department’s website.
The measure includes provisions of DeKay’s LB184, which bars the sale of flavored and certain other nitrous oxide products. The bill’s prohibition excludes nitrous oxide products used for industrial, dental, medical, automotive or food preparation purposes.
Provisions of Riepe’s LB475 also are included in the measure, which add tianeptine, its salts and isomers to the list of Schedule II drugs under the state’s Controlled Substances Act.
LB230 passed on a vote of 48-0 and took effect immediately.
Consideration of a proposal to ban the sale of hemp products containing more than 0.3% of any strain of THC ended during the final round of debate after senators passed over the bill without taking a vote.
LB316, introduced by Kauth, would classify any hemp products above the 0.3% THC limit as marijuana. The bill also would provide for a consumer “safe harbor” period and prevent prosecution for possessing illegal hemp until Dec. 31, to allow consumers to dispose of products legally.
Additionally, the measure would impose a 10% excise tax on the retail sale of cannabidiol products beginning Jan. 1, 2026, with all revenue generated directed to the Property Tax Credit Cash Fund.
Kauth requested that LB316 be passed over. The bill was not scheduled for further debate and remains on final reading.
Other measures
LB453, introduced by DeBoer and passed 49-0, updates background check procedures for guardians and conservators.
The bill requires nominees and applicants to undergo a background check conducted by the Nebraska State Patrol using the FBI’s national system. Applicants must cover the cost of fingerprinting and the background check. The State Patrol must submit a report detailing the applicant’s criminal history to the state court administrator.
Another proposal, LB704, sponsored by Omaha Sen. Terrell McKinney and passed 46-3, creates a process for reviewing and potentially modifying child support orders for noncustodial parents who will be incarcerated for more than 180 days.
Under the bill, the state Department of Health and Human Services must initiate a review within 15 days of receiving notice of the incarceration and complete it within 120 days.
If the department finds that a decrease in support is not warranted, it must offer the incarcerated parent a conference to review the decision within 30 days. A parent may waive their right to a conference to review a determination and conferences may be held in person or virtually.
LB133, introduced by Holdcroft, adds “animal control officer” to the definition of “law enforcement officer” in state animal control laws, allowing them to enforce local or state regulations if authorized by a city, village or county.
The bill also defines “animal control officer” in state law and allows both animal control and law enforcement officers to swear warrants, conduct investigations, issue citations and seize animals.
LB133 passed on a 42-7 vote and took effect immediately.
Another measure from Holdcroft that would allow certain individuals serving long-term prison sentences to apply for second chance relief remains on select file.
As introduced, LB215 would adopt the Clean Slate Act, which would allow individuals with nonviolent convictions to seal their records after a period of not reoffending. A general file amendment removed those provisions but retained provisions regarding the Second Chance Relief Program for Long-Term Inmates.
As amended, the measure would allow individuals serving long-term or life sentences to apply for relief if their offense occurred before age 26 and they have served at least 25 years. Those whose offense occurred at age 26 or older would become eligible after serving 30 years.
Lawmakers advanced LB215 from general file but it was not scheduled for second-round debate.
Finally, LB669, sponsored by Storer, would remove sections of state law regarding informed consent that have been ruled unconstitutional and blocked from taking effect. The bill also would require abortion providers to screen patients for signs of coercion, abuse and trafficking.
The measure was advanced to general file by the Judiciary Committee but was not scheduled for debate this session.
