Death concealment penalties could increase

A bill that would increase the penalty for concealing the death of another person was discussed in a Judiciary Committee hearing Jan. 19.

Under LB815, introduced by Lincoln Sen. Tony Fulton, the penalty for concealment of a person’s death would be increased from a Class I misdemeanor to a Class III felony.

The concealment or an attempt to prevent discovery of human remains would be treated as a separate offense, with any additional sentences imposed to be served consecutively. The bill also would remove the statute of limitation for the offense.

Fulton said concealing a person’s remains could significantly hamper an investigation into their death, so the punishment should reflect the significance of withholding that information.

David Partsch, representing the Nebraska County Attorneys Association, testified in support of the bill, saying that concealment often results in a lack of evidence on the causation of death.

In homicide cases involving concealment, Partsch said, there often is not enough evidence to convict a person of first-degree murder, so charges are lessened to an offense such as manslaughter.

John Freudenberg, the attorney general’s criminal bureau chief, also testified in support of the bill, saying concealment cases are difficult to prosecute.

“It does not make sense to reward those who do a really good job of hiding a body by giving them a lesser penalty,” Freudenberg said.

Coleen Nielsen, representing the Nebraska Criminal Defense Attorneys Association, provided neutral testimony. When penalties are enhanced it makes more work for the court system, she said.

“In recent years, we have noticed there has become a burden on the court system and public defenders offices as a result of enhanced penalties,” Nielsen said. “And this particular [bill] is going to add all kinds of litigation to the process.”

There was no opposition and the committee took no immediate action on the bill.