Table of Contents

LB605: Changes penalties, offenses, and punishments; sentencing provisions, restitution, probation and parole, post-release supervision, etc. 4

Neb. Rev. Stat. §§ 9-262, 9-352, 9-434, 9-652: Nebraska Bingo Act, Pickle Lotter Act, Nebraska Lottery and Raffle Act, Nebraska County and City Lotter Act Violations; Penalties; Enforcement; Venue 4

Neb. Rev. Stat. § 23-135.01, Claims made with knowledge of false statements or representations of material fact 4

Neb. Rev. Stat. § 28-105, Felonies divided into 10 classes 4

Neb. Rev. Stat. § 28-106, Misdemeanors divided into seven classes 5

Neb. Rev. Stat. § 28-201, Attempt to commit a crime 5

Neb. Rev. Stat. § 28-204, Accessory to a Felony 5

Neb. Rev. Stat. §§ 28-305 and 28-306, Manslaughter & Motor Vehicle Homicide 6

Neb. Rev. Stat. § 28-309, Assault in the Second Degree 6

Neb. Rev. Stat. § 28-310.01, Strangulation 6

Neb. Rev. Stat. § 28-311, Criminal Child Enticement 6

Neb. Rev. Stat. §§ 28.311.01 and 28.311.04, Terroristic Threats and Stalking 6

Neb. Rev. Stat. § 28-311.08, Unlawful Intrusion 6

Neb. Rev. Stat. § 28-320, Sexual Assault in the Second Degree 6

Neb. Rev. Stat. § 28-322.02 and §28-322.03, Sexual Abuse of an Inmate or Parolee 6

Neb. Rev. Stat. §28-322.04, Sexual Abuse of a Protected Individual 6

Neb. Rev. Stat. § 28-323, Domestic Assault 7

Neb. Rev. Stat. § 28-393, Manslaughter of an Unborn Child 7

Neb. Rev. Stat. § 28-394, Motor Vehicle Homicide of an Unborn Child 7

Neb. Rev. Stat. § 28-397, Assault of an Unborn Child in the First Degree 7

Neb. Rev. Stat. § 28-416, Controlled Substances 7

Neb. Rev. Stat. § 28-504, Arson in the Third degree 7

Neb. Rev. Stat. § 28-507, Burglary 7

Neb. Rev. Stat. § 28-514, Theft of Property Lost, Mislaid, or Delivered by Mistake 7

Neb. Rev. Stat. § 28-518, Theft 8

Neb. Rev. Stat. § 28-519, Criminal Mischief 8

Neb. Rev. Stat. § 28-603, Forgery in the Second Degree 8

Neb. Rev. Stat. § 28-604, Criminal Possession of a Forged Instrument 8

Neb. Rev. Stat. § 28-611, Issuing or Passing a Bad Check or Similar Order 8

Neb. Rev. Stat. § 28-611.01, Issuing a No-Account Check 8

Neb. Rev. Stat. § 28-620, Unauthorized Use of a Financial Transaction Device 9

Neb. Rev. Stat. § 28-621, Criminal Possession of a Financial Transaction Device 9

Neb. Rev. Stat. § 28-622, Unlawful Circulation of a Financial Transaction Device in the First Degree 9

Neb. Rev. Stat. § 28-627, Unlawful Manufacture of a Financial Transaction Device 9

Neb. Rev. Stat. § 28-631, Fraudulent Insurance Act 9

Neb. Rev. Stat. § 28-638, Criminal Impersonation 9

Neb. Rev. Stat. § 28-639, Identity Theft 10

Neb. Rev. Stat. § 28-703, Incest 10

Neb. Rev. Stat. § 28-707, Child Abuse 10

Neb. Rev. Stat. § 28-813.01, Possession, Visual Depiction of Sexually Explicit Conduct 10

Neb. Rev. Stat. § 28-912, Escape 10

Neb. Rev. Stat. § 28-932, Assault by a Confined Person 10

Neb. Rev. Stat. § 28-1005, Dogfighting, Cockfighting, or Pitting an Animal against Another 10

Neb. Rev. Stat. § 28-1009, Abandonment, Cruel Neglect, Harassment of a Police Animal 10

Neb. Rev. Stat. § 28-1102, Promoting Gambling in the First Degree 11

Neb. Rev. Stat. § 28-1103, Promoting Gambling in the Second Degree 11

Neb. Rev. Stat. § 28-1104, Promoting Gambling in the Third Degree 11

Neb. Rev. Stat. § 28-1212.03, Possession of a Stolen Firearm 11

Neb. Rev. Stat. § 28-1222, Using Explosives to Commit a Felony 11

Neb. Rev. Stat. § 28-1224, Using Explosive Material or Destructive Devise to Kill or Injure Any Person 11

Neb. Rev. Stat. § 28-1344, Unauthorized Computer Access 11

Neb. Rev. Stat. § 28-1345, Computer Hacking 12

Neb. Rev. Stat. § 28-1463.05, Possession with Intent, Visual Depiction of Sexually Explicit Conduct 12

Neb. Rev. Stat. § 29-1816, Arraignment of Accused 12

Neb. Rev. Stat. § 29-2204, Indeterminate Sentence 12

LB605 Section 61 13

LB605 Section 62 13

Neb. Rev. Stat. § 29-2246, Nebraska Probation Administration Act – Terms 13

Neb. Rev. Stat. § 29-2260, Post-Release Supervision 13

Neb. Rev. Stat. § 29-2262, Probation; Conditions 13

Neb. Rev. Stat. § 29-2263, Probation 13

Neb. Rev. Stat. § 29-2266, Administrative Sanctions 14

Neb. Rev. Stat. § 29-2268, Violation of Terms of Probation or Post-Release Supervision 14

Neb. Rev. Stat. § 29-2281, Restitution 14

Neb. Rev. Stat. § 29-2308, Reduction of Sentence, Excessive Sentence 14

Neb. Rev. Stat. § 29-4011, Violation of the Sex Offender Registration Act 14

Neb. Rev. Stat. § 60-6,197.03, Driving Under the Influence of Alcohol or Drugs 14

Neb. Rev. Stat. § 60-6,197.06, Operating Motor Vehicle during Revocation Period 14

Neb. Rev. Stat. §§ 68-1017, 68-1017.01, 71-2228, and 71-2229, Governmental Assistance Programs 15

LB605 Section 87 15

Neb. Rev. Stat. §§ 81-1813 and 81-1823 Victim Compensation Fund and Award Limitations 15

Neb. Rev. Stat. § 81-1848, Victims’ Rights 15

Neb. Rev. Stat. §§ 83-183, 83-183.01, 83-184, and Section 91, Restitution by Committed Person 15

LB605 Sections, 99, 100, 104, 108, and Neb. Rev. Stat. §§ 83-1,107, 83-1,119, 83-1,122, 83-1,135, 83-1,135.02, 83-915.01 16

LB605 Section 109, Retroactivity 16

SUMMARIES

LB605: Changes penalties, offenses, and punishments; sentencing provisions, restitution, probation and parole, post-release supervision, etc.

Neb. Rev. Stat. §§ 9-262, 9-352, 9-434, 9-652: Nebraska Bingo Act, Pickle Lotter Act, Nebraska Lottery and Raffle Act, Nebraska County and City Lotter Act Violations; Penalties; Enforcement; Venue

LB605 changes the value thresholds related to the above-referenced Acts. Intentionally employing or possessing any device to facilitate cheating in a bingo, lottery, or raffle game or using any fraudulent scheme or technique in violation of the above-listed Acts is now a Class II misdemeanor when the amount gained or intended to be gained is less than $500, a Class I misdemeanor when the amount is $500 or more but less than $1,500, and a Class IV felony when the amount is $1,500 or more.

Neb. Rev. Stat. § 23-135.01, Claims made with knowledge of false statements or representations of material fact

LB605 changes the value threshold for filing false claims with the county. Whoever files a claim against any county that contains any false statement or representation of material fact, or received money from any county with that knowledge and the amount claimed or face value of the warrant is $1,500 or more is guilty of a Class IV felony. If the amount is $500 or more but less than $1,500, the offender shall be guilty of a Class II misdemeanor. An amount less than $500 subjects one to a Class III misdemeanor.

Neb. Rev. Stat. § 28-105, Felonies divided into 10 classes

LB605 creates the new Class IIA felony classification, and modifies the penalties for Class III, IIIA, and IV felonies. The changes are listed below and do not apply to offenses committed before August 27, 2015.

Class IIA felony: Maximum – 20 years imprisonment

Minimum – none

Class III felony: Maximum – 4 years imprisonment and 2 years post-release supervision or $25,000 fine, or both

Minimum – none for imprisonment and 9 months post-release supervision if imprisonment is imposed

Class IIIA felony: Maximum – 3 years imprisonment and 18 months post-release supervision or $10,000 fine, or both

Minimum – none for imprisonment and 9 months post-release supervision if imprisonment imposed

Class IV felony: Maximum – 2 years imprisonment and 12 months post-release supervision or $10,000 fine, or both

Minimum – none for imprisonment and 9 months post-release supervision if imprisonment is imposed

Class I, IA, IB, IC, ID, and II felonies are unchanged by LB605. All sentences for maximum terms of imprisonment of one year or more for felonies shall be served in institutions under the supervision of the Department of Correctional Services. Terms with a maximum of less than one year shall be served in county jail.

Post-release supervision shall be served under the jurisdiction of the Office of Probation Administration. Persons sentenced to imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony and sentenced concurrently or consecutively to imprisonment for a Class III, IIIA, or IV felony shall not be subject to post-release supervision.

NOTE: The classification of several crimes was increased by LB605; however, due to changes made to Class IIA, III, IIIA, and IV felony penalties, the actual penalty may have decreased. For example, an offense formerly classified as a Class IV felony carried a penalty of 20 months to 5 years imprisonment. That same offense classified as a new Class IIIA felony carries a penalty of up to 3 years imprisonment.

Neb. Rev. Stat. § 28-106, Misdemeanors divided into seven classes

Under LB605, Class IV misdemeanors will no longer carry a minimum penalty of a $100 fine. Also, sentences of imprisonment may be served in institutions under the jurisdiction of the Department of Correctional Services only if the sentences are being served concurrently or consecutively with a term for a felony conviction and the combined sentences total a term of one year or more.

Neb. Rev. Stat. § 28-201, Attempt to commit a crime

Criminal attempt is now a Class IIA felony when the crime attempted is a Class II felony, a Class IIIA felony when the crime attempted was a Class IIA felony, a Class IV felony when the crime attempted is a Class III or IIIA felony, and a Class I misdemeanor when the crime attempted is a Class IV felony.

Neb. Rev. Stat. § 28-204, Accessory to a Felony

Accessory to a Felony is now a Class IIIA felony if the conduct in question constitutes a Class IIA felony, and is in violation of § 28-204(1)(a), (b), or (c).

Neb. Rev. Stat. §§ 28-305 and 28-306, Manslaughter & Motor Vehicle Homicide

Manslaughter is now a Class IIA felony. If the proximate cause of death of another is the operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06, Motor Vehicle Homicide is also a Class IIA felony.

Neb. Rev. Stat. § 28-309, Assault in the Second Degree

Assault in the Second Degree will now be a Class IIA felony.

Neb. Rev. Stat. § 28-310.01, Strangulation

Strangulation is now a Class IIIA felony. If the offense involved a dangerous instrument, serious bodily injury, or the offender has a prior Strangulation conviction, Strangulation is now a Class IIA felony.

Neb. Rev. Stat. § 28-311, Criminal Child Enticement

Any person convicted of Criminal Child Enticement shall now be guilty of a Class IIA felony if such person has previously been convicted of any of the crimes listed in 28-311(3)(a)-(e).

Neb. Rev. Stat. §§ 28.311.01 and 28.311.04, Terroristic Threats and Stalking

Any person convicted of making Terroristic Threats is now guilty of a Class IIIA felony. Any person convicted of Stalking (§28-311.03) and who falls under the provisions of §23-311.04(2)(a)-(e) is now guilty of a Class IIIA felony.

Neb. Rev. Stat. § 28-311.08, Unlawful Intrusion

A person convicted of Unlawful Intrusion who also distributed or made public a video or image recorded as part of the offense is now guilty of a Class IIA felony.

Neb. Rev. Stat. § 28-320, Sexual Assault in the Second Degree

Sexual Assault in the Second Degree is now a Class IIA felony.

Neb. Rev. Stat. § 28-322.02 and §28-322.03, Sexual Abuse of an Inmate or Parolee

Sexual Abuse of an Inmate or Parolee in the First Degree is now a Class IIA felony. Sexual Abuse of an Inmate or Parolee in the Second Degree is now a Class IIIA felony.

Neb. Rev. Stat. §28-322.04, Sexual Abuse of a Protected Individual

Sexual Abuse of a Protected Individual in the First Degree is now a Class IIA felony. Sexual Abuse of a Protected Individual in the Second Degree is now a Class IIIA felony.

Neb. Rev. Stat. § 28-323, Domestic Assault

Domestic Assault in the Third Degree in violation of § 28-323(1)(a) or (b) is now a Class IIIA felony if the offender has a prior violation of such sections.

A second or subsequent conviction of Domestic Assault in the Second Degree is now a Class IIA felony.

First offense Domestic Assault in the First Degree is now a Class IIA felony.

Neb. Rev. Stat. § 28-393, Manslaughter of an Unborn Child

Manslaughter of an Unborn Child is now a Class IIA felony.

Neb. Rev. Stat. § 28-394, Motor Vehicle Homicide of an Unborn Child

Motor Vehicle Homicide of an Unborn Child is now a Class IIIA felony if the proximate cause of death of an unborn child is the operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06. If the defendant has a prior conviction for DUI or DUR, Motor Vehicle Homicide of an Unborn Child is a Class IIA felony.

Neb. Rev. Stat. § 28-397, Assault of an Unborn Child in the First Degree

Assault of an Unborn Child in the First Degree is now a Class IIA felony.

Neb. Rev. Stat. § 28-416, Controlled Substances

Manufacturing, distributing, or possessing with intent a non-exceptionally hazardous drug listed in Schedule I, II, or III is now a class IIA felony.

Neb. Rev. Stat. § 28-504, Arson in the Third degree

The value thresholds for Arson in the Third Degree have increased. Arson in the Third Degree is now a Class IV felony if the damages amount to $1,500 or more, a Class I misdemeanor if the damages are $500 or more but less than $1,500, and a Class II misdemeanor if the damages are less than $500.

Neb. Rev. Stat. § 28-507, Burglary