Session Review: Judiciary
The Judiciary Committee advanced proposals to strengthen law enforcement support and training, expand protections for vulnerable populations and bolster the security of Nebraska’s critical infrastructure and agricultural industry.
Omnibus bills
Lawmakers approved two criminal justice packages this session, combining measures addressing domestic violence, sexual misconduct, sentencing, law enforcement procedures and court costs.
Under LB965, introduced by Lincoln Sen. Eliot Bostar and passed 39-10, individuals in positions of authority — including probation officers, problem-solving court employees, guardians, conservators, guardians ad litem, foster and adoptive parents and child welfare providers — are barred from engaging in sexual contact with those under their supervision or care.
The bill establishes penalties consistent with similar Nebraska laws covering correctional staff, parole officers and school employees and extends victim and witness assistance provisions to impacted individuals.
Consent may not be used as a legal defense under the measure, which also adds adoptive and foster parents to the state’s incest statute.
LB965 includes Bostar’s LB1123, establishing a formal process for Brady-Giglio disclosures related to law enforcement credibility. Among other provisions, the measure sets standards for maintaining and sharing credibility information, clarifies that placement alone is not grounds for discipline or termination and provides an appeals process for officers determined to be subject to a Brady-Giglio disclosure.
The bill also incorporates LB859, sponsored by Bostar, which creates the position of county conflict counsel to provide constitutionally required representation to indigent clients when a 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 exclusively represent indigent individuals.
LB965 also contains 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.
A second omnibus package combines updates to sentencing, court fees and rural legal access.
LB935, introduced by Sen. Carolyn Bosn of Lincoln, allows a political subdivision to recover attorney fees and court costs if it must defend against a claim that a court finds frivolous or primarily intended to harass the subdivision or its public officials.
The bill also modifies sentencing rules by preserving the presumption of probation for Class IV felonies, unless a defendant originally was charged with a more serious felony and pled down to a Class IV offense.
LB935 includes provisions of the following bills:
● LB789, introduced by Bosn, which prevents defendants from benefiting if they intentionally make a witness unavailable, allowing a witness’s prior statements to be admitted in court;
● LB876, sponsored by Hallstrom, which establishes a statewide 72-hour no-contact period, to take effect automatically when a person is arrested for certain domestic or sexual assault offenses;
● LB978, introduced by Storer, which allows individuals depicted in or exposed to obscene material, child sexual abuse material or content promoting child sexual exploitation to sue entities that intentionally distribute such content on publicly available websites;
● LB1020, sponsored by Bostar, which criminalizes unauthorized use of tracking devices, establishes penalties for swatting incidents and restricts drone use in designated airspace without proper approval;
● LB1139, introduced by Hallstrom, which modifies how child and spousal support liens are applied by limiting them to periods of missed payments and requiring their automatic removal once obligations are satisfied;
● LB1199, sponsored by Sumner Sen. Teresa Ibach, which provides additional funding for the state’s rural attorney loan repayment program, increases the county population threshold from 15,000 to 75,000 to qualify as a designated legal profession shortage area and creates a tiered priority system for future awards; and
● LB1228, introduced by Sen. Rick Holdcroft of Bellevue at the request of Gov. Jim Pillen, which establishes a new docket fee for civil cases and traffic misdemeanors and infractions in district and county courts, creates a $10 case management system software fee and directs most of the new revenue to the state General Fund.
LB935 passed on a 38-11 vote and took effect immediately.
Law enforcement
LB816, introduced by Storer and passed 48-0, establishes legal protections for peer support counseling involving law enforcement officers, first responders, emergency services employees and hospital personnel who provide direct patient care.
The measure incorporates provisions of LB755, introduced by Fremont Sen. Dave Wordekemper, extending confidentiality to EMS personnel, and LB804, sponsored by Sen. Dan Lonowski of Hastings, applying the same protections to law enforcement.
LB816 bars communications made during peer support sessions — which pair trained colleagues with shared experience with public safety personnel in need of support — from being used in disciplinary or legal proceedings, and requires agencies that establish such programs to adopt written guidelines.
It also includes provisions of Storer’s LB1084, a cleanup bill clarifying that certain emergency protective custody placement provisions apply to convicted sex offenders.
The measure took effect immediately.
LB727, introduced by Omaha Sen. Kathleen Kauth and passed 49-0, allows Nebraska law enforcement agencies to obtain and maintain a supply of epinephrine for use during severe allergic reactions.
Officers must complete an approved program and provide proof of training before administering epinephrine in the course of their duties.
Under LB784, sponsored by Hallstrom and passed 48-0, sheriffs in counties without a metropolitan, primary or first class city are not required to live in the county when filing for office but must reside there or in an adjoining county while serving.
The bill also updates uniform standards for sheriffs’ offices, allowing sheriffs to set dress and patrol uniform requirements within certain parameters and removing a requirement that uniforms be purchased from a state-contracted supplier.
It also revises continuing education requirements for law enforcement officers. Officers in agencies with fewer than 25 full-time officers must complete 24 hours of training annually, while those in larger agencies must complete 32 hours. The requirements do not apply to noncertified conditional officers.
LB751, introduced by Sen. Ashlei Spivey of Omaha, requires the Nebraska State Patrol to conduct a study on expanding criminal justice resources for reporting and identifying missing Black women and children.
The patrol will collaborate with state and federal agencies, including the Nebraska Commission on African American Affairs and the U.S. Department of Justice, to assess the issue, identify barriers and improve coordination. A report is due to the Legislature’s Executive Board by June 1, 2027.
The bill passed 47-1.
Legal protections
LB1181, introduced by Bosn and passed 49-0, expands the definition of crime victims for reparations purposes and clarifies victims’ rights in homicide, domestic violence and post-conviction proceedings.
The bill expands the definition of those impacted by a crime and eligible to access protections and services under the Nebraska Crime Victims’ Reparations Act to include relatives beyond immediate family members and others with close ties to the victim.
Additionally, LB1181 allows a victim to submit a written statement during a bond modification proceeding in certain abuse cases. The bill also requires notification when a defendant seeks to modify bond in domestic violence cases and allows victims or their representatives to submit impact statements during bond hearings and, subject to court limits, at sentencing.
Finally, the measure expands the definition of co-victims in homicide cases to include survivors who suffered severe emotional harm from the victim’s death, determined on a case-by-case basis.
LB985, sponsored by Bennington Sen. Wendy DeBoer and passed 49-0, prohibits a private person who already has 20 or more clients from accepting another appointment as a guardian or conservator.
The bill also contains provisions of DeBoer’s LB1178, which allow individuals under a guardianship or conservatorship to attend required hearings either virtually or in person and require guardians to maintain periodic contact with care providers, make monitoring visits at least monthly and keep written records of those visits.
Finally, the measure authorizes courts to award costs and reasonable attorney fees in specified guardianship proceedings, payable either from the trust involved or by another party.
LB1032, also sponsored by DeBoer and passed 49-0, establishes a process to recognize and enforce tribal customary adoptions. Under the bill, the state may choose not to file a recommendation or petition for termination of parental rights if a case involves a child who may be eligible for tribal customary adoption.
The measure clarifies when the state court must consider tribal customary adoption as part of a permanency planning hearing, and requires notification of a child’s tribe at least 20 days before the hearing if a recommendation is anything other than returning the child to the parent or home.
It also establishes procedures for coordination between state and tribal courts, including notice requirements and information sharing, and sets a 120-day deadline for a tribal court to complete adoption proceedings.
LB1055, introduced by DeBoer and passed 49-0, requires state Department of Health and Human Services adult protective services officials to complete at least one hour of training every five years related to Alzheimer’s disease and other dementias. Current officials must complete the training within 30 days of the bill’s enactment.
Finally, LB788, sponsored by Bosn and passed 48-0, transfers administration of the Financial Fraud Victims’ Reimbursement Fund from the attorney general to the Nebraska State Patrol.
Penalties
LB1096, introduced by Bostar at the request of the governor, makes unauthorized possession of high-risk agricultural pathogens or pests a Class III felony, punishable by up to four years in prison, two years of post-release supervision, a $25,000 fine or both.
The offense may be elevated to a Class IIA felony if it involves concealment of the pathogen’s origin, is committed on behalf of or funded by a foreign government or results in more than $1 million in economic damage.
The bill also exempts certain sensitive infrastructure and cybersecurity information from public records laws, expands the definition of critical infrastructure to include water, telecommunications, broadband and 911 systems and restricts foreign-linked entities from accessing or controlling such systems, with limited exceptions.
It also authorizes fines for telecommunications providers that fail to meet certification requirements and clarifies the definition of a foreign adversarial company in relation to state tax incentives.
Lawmakers passed LB1096 on a 34-15 vote.
LB889, sponsored by Sen. Stan Clouse of Kearney, elevates certain violations related to electrical work and inspections from a Class I misdemeanor to a Class IV felony, punishable by up to two years in prison, 12 months of post-release supervision, a $10,000 fine or both.
The bill limits unlicensed work violations to paid work and exempts certain work performed for family members. It also includes provisions of Grand Island Sen. Dan Quick’s LB725, which change electrical license renewal deadlines to Nov. 30 of even-numbered years, with late renewals allowed through Dec. 31.
The bill passed 41-8.
LB795, introduced by Niobrara Sen. Barry DeKay, makes technical changes to the Uniform Controlled Substances Act, including correcting statutory language and designating bromazolam as a Schedule I substance.
The measure incorporates provisions of Storer’s LB817, which establish enhanced fentanyl intent-to-distribute penalties based on quantity, with the most severe classification carrying a mandatory minimum sentence of 20 years to life in prison.
LB795 passed 32-14.
Other measures
Lawmakers approved a measure aimed at easing the transition for Nebraska youth leaving detention, residential placement or probation supervision.
LB962, sponsored by Sen. Terrell McKinney of Omaha and passed 49-0, creates a multi-agency program to coordinate services for youth returning to their communities involving the state department of Health and Human Services, the Office of Juvenile Services, the Office of Probation Administration and the state Department of Education.
Participating agencies must integrate transition planning into existing programs and develop individualized plans addressing housing, treatment, education, benefits, identification and employment. Family team meetings are required at least monthly for the first 90 days following reentry.
LB758, introduced by Elkhorn Sen. R. Brad von Gillern and passed 49-0, creates a process for charitable organizations to claim certain assets, including payable-on-death transfers, through affidavit and documentation and limits information requirements imposed by asset holders.
A measure advanced to general file was amended into a bill from another committee and later approved. LB1230, sponsored by Sen. Paul Strommen of Sidney, adds mobile homes to the state’s Disposition of Personal Property Landlord and Tenant Act, which governs how landlords handle abandoned property.
The bill was amended into Kauth’s LB834 out of the Revenue Committee, which lawmakers passed this session.
Finally, a proposal to update the state’s informed consent laws for abortion stalled on general file after a failed cloture motion.
LB669, introduced by Storer, would have removed obsolete provisions of state law related to informed consent that were ruled unconstitutional and blocked from taking effect. The bill also would have required abortion providers to screen patients for signs of coercion, abuse and trafficking.
After four hours of debate, Storer offered a motion to invoke cloture, which ends debate and forces a vote on the bill and any pending amendments. The motion failed 31-15. Thirty-three votes were needed.
