Sections 3-9 of LB 771 incorporate the provisions of LB 38, which was introduced by Sen. Mike Flood last session. These sections would amend the statutes regarding crimes and offenses against peace officers, probation officers, and employees of the Department of Correctional Services by including Department of Health and Human Services (DHHS) staff who work in a Regional Center facility or a Youth Rehabilitation and Treatment Center (YRTC). The bill would thus establish parity for the staff in the 24-hour facilities operated by DHHS with those employees holding similar job classifications, duties, and functions within the Department of Correctional Services. LB 771 would also reestablish the protections that were provided to YRTC staff prior to the YRTC’s merger into DHHS in 1997. Like LB 38, LB 771 would also allow for the filing of felony charges against persons who commit certain assault or other offenses (1) while legally confined in a Regional Center facility or YRTC, or (2) while committed as a mentally ill dangerous person or dangerous sex offender under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. In addition to the provisions of LB 38, LB 771 would add references to Class IC and Class ID felonies to the attempted crimes statute, Neb. Rev. Stat. § 28-201. Currently § 28-201 does not mention IC or ID felonies. Thus, a ID felony like first degree assault on an officer (§ 28-929) does not have a corresponding penalty for attempt. Finally, LB 771 includes technical corrections suggested by the office of the Nebraska Revisor of Statutes.

Sen. Heidemann priority bill.

Passed on final reading by the Legislature, 49-0-0, on April 12, 2010. Signed by the Governor April 13, 2010.

• Judiciary

• LB771 Amendment-Enrollment and Review ST9105 (04/08/2010)
• LB771 Amendment-Flood (04/07/2010)
• LB771 Amendment-Enrollment and Review (04/07/2010)
• LB771 Amendment-Judiciary Committee (03/31/2010)

• No additional documents

• No action alerts are associated with this legislation.

Voices for Children position: Voices for Children believes that youth should be held accountable for their actions. However, we do not believe that a youth in the deepest end of our juvenile justice system should be given the same penalties as an adult in the adult prison system.