Senators advanced a bill from general file March 15 that would enhance child abuse penalties.<\/p>\n
Under LB799, as originally introduced by Bellevue Sen. Abbie Cornett, negligent child abuse that:
\n\u2022 does not result in serious bodily injury or death would be a Class I misdemeanor;
\n\u2022 results in serious bodily injury would be a Class III felony; and
\n\u2022 results in the death of the child would be a Class II felony.<\/p>\n
Cornett referred to a 2010 case in which a Lincoln man was found guilty of negligent child abuse\u2014currently a misdemeanor\u2014in the death of a toddler. The bill would enhance penalties and create a middle ground between intentional child abuse resulting in death and negligent child abuse, she said.<\/p>\n
\u201cAs the law stands now, the killing of a child is a lesser offense than the similar killing of an adult,\u201d Cornett said.<\/p>\n
A Judiciary Committee amendment, adopted 37-0, changed the bill to instead make child abuse resulting in serious bodily injury a Class IIIA felony and a Class III felony if the offense is committed negligently and results in the death of a child.<\/p>\n
The amendment also would clarify that criminal negligence refers to a person who knew or should have known the danger involved and acted recklessly with respect to the safety or health of the child.<\/p>\n
Omaha Sen. Brad Ashford, chairperson of the committee, said the change in penalties would provide the courts a wider variety of sentencing options in child abuse cases.<\/p>\n
Omaha Sen. Brenda Council supported the bill and the amendment. She said LB799 would fill a gap in the ability to prosecute those who are guilty of serious bodily injury or death of a child.<\/p>\n
Ogallala Sen. Ken Schilz offered an amendment to the bill that would incorporate provisions of LB814, a bill he introduced that would expand the Uniform Controlled Substances Act to ban the compounds that are used to make the drug commonly known as bath salts.<\/p>\n
According to legislative rules, only amendments found to be germane, or relevant, to the bill may be considered during debate. Schilz filed a motion to suspend this rule, saying that bath salts are becoming a serious concern for communities and the issue needs to be addressed immediately.<\/p>\n
Council said she opposed the motion because the state constitution requires that bills cover only a single subject.<\/p>\n
Schilz withdrew both his motion to suspend the rules and his amendment.<\/p>\n
LB799 advanced from general file on a 33-0 vote.<\/p>\n","protected":false},"excerpt":{"rendered":"
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