Judicial package clears final round

Senators approved a package of judiciary bills April 10 aimed at strengthening penalties, updating court procedures and expanding abuse of authority prohibitions.

LB965, introduced by Lincoln Sen. Eliot Bostar, bars individuals in positions of authority — including probation officers, problem-solving court employees, guardians, conservators, guardians ad litem, foster and adoptive parents and child welfare service providers — from engaging in sexual contact with those under their supervision or care.

The bill establishes penalties consistent with Nebraska law governing similar violations involving correctional staff, parole officers and school employees. Sexual penetration is a Class IIA felony, punishable by up to 20 years in prison, while sexual contact is a Class IIIA felony, punishable by up to three years in prison, up to 18 months of post-release supervision, a $10,000 fine or both. Consent may not be used as a legal defense.

LB965 also expands protections for minors under 19 receiving child welfare services by prohibiting sexual contact between minors and service providers responsible for their care. Allegations of such misconduct must be referred to law enforcement to ensure formal criminal justice review.

The bill extends victim and witness assistance provisions, including those under Nebraska’s Sexual Assault Victims’ Bill of Rights, to individuals affected by such offenses and aligns sex offender registration requirements with similar statutes. It also adds adoptive and foster parents to the state’s incest statute.

LB965 also includes Bostar’s LB1123, which establishes a formal process for handling Brady-Giglio disclosures related to law enforcement credibility. Among other provisions, the measure sets standards for maintaining and sharing credibility information and clarifies that placement alone is not grounds for discipline or termination.

The provisions also create the position of county conflict counsel to provide constitutionally required representation to indigent clients when the public defender cannot be appointed due to a conflict or other good cause. In counties with more than 170,000 residents, conflict counsel may not engage in private practice and must solely represent indigent individuals.

Also included are provisions of the following bills:
● LB785, introduced by Sen. Bob Hallstrom of Syracuse, which adds postal receptacle keys and locks used for the deposit and delivery of mail to the list of burglar’s tools in state law when possessed with intent to commit a crime;
● LB818, sponsored by Whitman Sen. Tanya Storer, which increases penalties for serious and repeat domestic assault offenses, enhances penalties for strangulation or suffocations and aligns first- and second-degree penalties with comparable crimes;
● LB908, introduced by Sen. Jared Storm of David City, which requires courts to consider credible evidence showing increased intellectual and social growth in children who have equal access to both parents when determining custody and parenting arrangements; and
● LB1000, sponsored by Lincoln Sen. Jason Prokop, which establishes a graduated penalty structure for violations of domestic abuse and sexual assault protection orders by increasing the penalty for a third offense to a Class IIIA felony, and to a Class IIA felony for fourth or subsequent offenses.

Senators passed LB965 on a 39-10 vote.