A bill that would increase the penalty for concealing the death of another person was discussed in a Judiciary Committee hearing Jan. 19.<\/p>\n
Under LB815, introduced by Lincoln Sen. Tony Fulton, the penalty for concealment of a person\u2019s death would be increased from a Class I misdemeanor to a Class III felony.<\/p>\n
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.<\/p>\n
Fulton said concealing a person\u2019s remains could significantly hamper an investigation into their death, so the punishment should reflect the significance of withholding that information.<\/p>\n
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.<\/p>\n
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.<\/p>\n
John Freudenberg, the attorney general\u2019s criminal bureau chief, also testified in support of the bill, saying concealment cases are difficult to prosecute.<\/p>\n
\u201cIt does not make sense to reward those who do a really good job of hiding a body by giving them a lesser penalty,\u201d Freudenberg said.<\/p>\n
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.<\/p>\n
\u201cIn recent years, we have noticed there has become a burden on the court system and public defenders offices as a result of enhanced penalties,\u201d Nielsen said. \u201cAnd this particular [bill] is going to add all kinds of litigation to the process.\u201d<\/p>\n
There was no opposition and the committee took no immediate action on the bill.<\/p>\n","protected":false},"excerpt":{"rendered":"
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