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2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 19
Introduced by Wayne, 13.
Read first time January 05, 2023
Committee: Judiciary
1 A BILL FOR AN ACT relating to crimes and offenses; to amend sections
2 9-262, 9-352, 9-434, 9-652, 23-135.01, 28-504, 28-514, 28-518,
3 28-519, 28-603, 28-604, 28-611.01, 28-620, 28-631, 28-638, 28-639,
4 28-1102, 28-1344, 28-1345, 45-191.03, 66-727, 68-1017, 68-1017.01,
5 71-2228, and 71-2229, Reissue Revised Statutes of Nebraska, and
6 sections 28-611, 28-1354, 29-110, and 29-119, Revised Statutes
7 Cumulative Supplement, 2022; to change dollar amount thresholds for
8 criminal penalties for certain offenses; to redefine terms; to
9 provide for applicability of changes; to eliminate obsolete
10 provisions; to harmonize provisions; and to repeal the original
11 sections.
12 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 9-262, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 9-262 (1) Except when another penalty is specifically provided, any
4 person, licensee, or permittee, or employee or agent thereof, who
5 violates any provision of the Nebraska Bingo Act, or who causes, aids,
6 abets, or conspires with another to cause any person, licensee, or
7 permittee, or any employee or agent thereof, to violate the act, shall be
8 guilty of a Class I misdemeanor for the first offense and a Class IV
9 felony for any second or subsequent violation. Any licensee guilty of
10 violating any provision of the act more than once in a twelve-month
11 period may have its license canceled or revoked.
12 (2) Each of the following violations of the Nebraska Bingo Act shall
13 be a Class IV felony:
14 (a) Giving, providing, or offering to give or provide, directly or
15 indirectly, to any public official, employee, or agent of this state, or
16 any agencies or political subdivisions of the state, any compensation or
17 reward or share of the money for property paid or received through
18 gambling activities regulated under Chapter 9 in consideration for
19 obtaining any license, authorization, permission, or privilege to
20 participate in any gaming operation except as authorized by the Nebraska
21 Bingo Act or any rules or regulations adopted and promulgated pursuant to
22 such act;
23 (b) Knowingly filing a false report under the Nebraska Bingo Act; or
24 (c) Knowingly falsifying or making any false entry in any books or
25 records with respect to any transaction connected with the conduct of
26 bingo activity.
27 (3) Intentionally employing or possessing any device to facilitate
28 cheating in a bingo game or using any fraudulent scheme or technique in
29 connection with any bingo game is a violation of the Nebraska Bingo Act.
30 The offense is a:
31 (a) Class II misdemeanor when the amount gained or intended to be
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1 gained through the use of such items, schemes, or techniques is less than
2 one thousand five hundred dollars;
3 (b) Class I misdemeanor when the amount gained or intended to be
4 gained through the use of such items, schemes, or techniques is one
5 thousand five hundred dollars or more but less than three one thousand
6 five hundred dollars; and
7 (c) Class IV felony when the amount gained or intended to be gained
8 through the use of such items, schemes, or techniques is three one
9 thousand five hundred dollars or more.
10 (4) In all proceedings initiated in any court or otherwise under the
11 Nebraska Bingo Act, it shall be the duty of the Attorney General and
12 appropriate county attorney to prosecute and defend all such proceedings.
13 (5) The failure to do any act required by or under the Nebraska
14 Bingo Act shall be deemed an act in part in the principal office of the
15 department. Any prosecution under such act may be conducted in any county
16 where the defendant resides or has a place of business or in any county
17 in which any violation occurred.
18 (6) In the enforcement and investigation of any offense committed
19 under the Nebraska Bingo Act, the department may call to its aid any
20 sheriff, deputy sheriff, or other peace officer in the state.
21 Sec. 2. Section 9-352, Reissue Revised Statutes of Nebraska, is
22 amended to read:
23 9-352 (1) Except when another penalty is specifically provided, any
24 person or licensee, or employee or agent thereof, who violates any
25 provision of the Nebraska Pickle Card Lottery Act, or who causes, aids,
26 abets, or conspires with another to cause any person or licensee or any
27 employee or agent thereof to violate the act, shall be guilty of a Class
28 I misdemeanor for the first offense and a Class IV felony for any second
29 or subsequent violation. Any licensee guilty of violating any provision
30 of the act more than once in a twelve-month period may have its license
31 canceled or revoked. Such matters may also be referred to any other state
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1 licensing agencies for appropriate action.
2 (2) Each of the following violations of the Nebraska Pickle Card
3 Lottery Act shall be a Class IV felony:
4 (a) Giving, providing, or offering to give or provide, directly or
5 indirectly, to any public official, employee, or agent of this state, or
6 any agencies or political subdivisions of this state, any compensation or
7 reward or share of the money for property paid or received through
8 gambling activities regulated under Chapter 9 in consideration for
9 obtaining any license, authorization, permission, or privilege to
10 participate in any gaming operations except as authorized under Chapter 9
11 or any rules and regulations adopted and promulgated pursuant to such
12 chapter;
13 (b) Making or receiving payment of a portion of the purchase price
14 of pickle cards by a seller of pickle cards to a buyer of pickle cards to
15 induce the purchase of pickle cards or to improperly influence future
16 purchases of pickle cards;
17 (c) Using bogus, counterfeit, or nonopaque pickle cards, pull tabs,
18 break opens, punchboards, jar tickets, or any other similar card, board,
19 or ticket or substituting or using any pickle cards, pull tabs, or jar
20 tickets that have been marked or tampered with;
21 (d) Knowingly filing a false report under the Nebraska Pickle Card
22 Lottery Act;
23 (e) Knowingly falsifying or making any false entry in any books or
24 records with respect to any transaction connected with the conduct of a
25 lottery by the sale of pickle cards; or
26 (f) Knowingly selling or distributing or knowingly receiving with
27 intent to sell or distribute pickle cards or pickle card units without
28 first obtaining a license in accordance with the Nebraska Pickle Card
29 Lottery Act pursuant to section 9-329, 9-329.03, 9-330, or 9-332.
30 (3) Intentionally employing or possessing any device to facilitate
31 cheating in any lottery by the sale of pickle cards or use of any
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1 fraudulent scheme or technique in connection with any lottery by the sale
2 of pickle cards is a violation of the Nebraska Pickle Card Lottery Act.
3 The offense is a:
4 (a) Class II misdemeanor when the amount gained or intended to be
5 gained through the use of such items, schemes, or techniques is less than
6 one thousand five hundred dollars;
7 (b) Class I misdemeanor when the amount gained or intended to be
8 gained through the use of such items, schemes, or techniques is one
9 thousand five hundred dollars or more but less than three one thousand
10 five hundred dollars; and
11 (c) Class IV felony when the amount gained or intended to be gained
12 through the use of such items, schemes, or techniques is three one
13 thousand five hundred dollars or more.
14 (4) In all proceedings initiated in any court or otherwise under the
15 act, it shall be the duty of the Attorney General and appropriate county
16 attorney to prosecute and defend all such proceedings.
17 (5) The failure to do any act required by or under the Nebraska
18 Pickle Card Lottery Act shall be deemed an act in part in the principal
19 office of the department. Any prosecution under such act may be conducted
20 in any county where the defendant resides or has a place of business or
21 in any county in which any violation occurred.
22 (6) In the enforcement and investigation of any offense committed
23 under the act, the department may call to its aid any sheriff, deputy
24 sheriff, or other peace officer in the state.
25 Sec. 3. Section 9-434, Reissue Revised Statutes of Nebraska, is
26 amended to read:
27 9-434 (1) Except when another penalty is specifically provided, any
28 person, licensee, or permittee, or employee or agent thereof, who
29 violates any provision of the Nebraska Lottery and Raffle Act, or who
30 causes, aids, abets, or conspires with another to cause any person,
31 licensee, or permittee or employee or agent thereof to violate the act,
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1 shall be guilty of a Class I misdemeanor for the first offense and a
2 Class IV felony for any second or subsequent violation. Any licensee
3 guilty of violating any provision of the act more than once in a twelve-
4 month period may have its license canceled or revoked.
5 (2) Each of the following violations of the Nebraska Lottery and
6 Raffle Act shall be a Class IV felony:
7 (a) Giving, providing, or offering to give or provide, directly or
8 indirectly, to any public official or employee or agent of this state, or
9 any agencies or political subdivisions of this state, any compensation or
10 reward or share of the money for property paid or received through
11 gambling activities authorized under Chapter 9 in consideration for
12 obtaining any license, authorization, permission, or privileges to
13 participate in any gaming operations except as authorized under Chapter 9
14 or any rules and regulations adopted and promulgated pursuant to such
15 chapter; or
16 (b) Knowingly filing a false report under the Nebraska Lottery and
17 Raffle Act.
18 (3) Intentionally employing or possessing any device to facilitate
19 cheating in any lottery or raffle or using any fraudulent scheme or
20 technique in connection with any lottery or raffle is a violation of the
21 Nebraska Lottery and Raffle Act. The offense is a:
22 (a) Class II misdemeanor when the amount gained or intended to be
23 gained through the use of such items, schemes, or techniques is less than
24 one thousand five hundred dollars;
25 (b) Class I misdemeanor when the amount gained or intended to be
26 gained through the use of such items, schemes, or techniques is one
27 thousand five hundred dollars or more but less than three one thousand
28 five hundred dollars; and
29 (c) Class IV felony when the amount gained or intended to be gained
30 through the use of such items, schemes, or techniques is three one
31 thousand five hundred dollars or more.
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1 (4) In all proceedings initiated in any court or otherwise under the
2 act, it shall be the duty of the Attorney General and appropriate county
3 attorney to prosecute and defend all such proceedings.
4 (5) The failure to do any act required by or under the Nebraska
5 Lottery and Raffle Act shall be deemed an act in part in the principal
6 office of the department. Any prosecution under such act may be conducted
7 in any county where the defendant resides or has a place of business or
8 in any county in which any violation occurred.
9 (6) In the enforcement and investigation of any offense committed
10 under the act, the department may call to its aid any sheriff, deputy
11 sheriff, or other peace officer in the state.
12 Sec. 4. Section 9-652, Reissue Revised Statutes of Nebraska, is
13 amended to read:
14 9-652 (1) Except when another penalty is specifically provided, any
15 person or licensee, or employee or agent thereof, who knowingly or
16 intentionally violates any provision of the Nebraska County and City
17 Lottery Act, or who causes, aids, abets, or conspires with another to
18 cause any person or licensee or any employee or agent thereof to violate
19 the act, shall be guilty of a Class I misdemeanor for the first offense
20 and a Class IV felony for any second or subsequent violation. Any
21 licensee guilty of violating the act more than once in a twelve-month
22 period may have its license canceled or revoked.
23 (2) Each of the following violations of the act shall be a Class IV
24 felony:
25 (a) Giving, providing, or offering to give or provide, directly or
26 indirectly, to any public official, employee, or agent of this state or
27 any agencies or political subdivisions of this state any compensation or
28 reward or share of the money for property paid or received through
29 gambling activities regulated under the act in consideration for
30 obtaining any license, authorization, permission, or privilege to
31 participate in any gaming operations except as authorized under the act
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1 or any rules and regulations adopted and promulgated pursuant to such
2 act;
3 (b) Knowingly filing a false report under the act; or
4 (c) Knowingly falsifying or making any false entry in any books or
5 records with respect to any transaction connected with the conduct of a
6 lottery.
7 (3) Intentionally employing or possessing any device to facilitate
8 cheating in any lottery or using any fraudulent scheme or technique in
9 connection with any lottery is a violation of the act. The offense is a:
10 (a) Class II misdemeanor when the amount gained or intended to be
11 gained through the use of such device, scheme, or technique is less than
12 one thousand five hundred dollars;
13 (b) Class I misdemeanor when the amount gained or intended to be
14 gained through the use of such device, scheme, or technique is one
15 thousand five hundred dollars or more but less than three one thousand
16 five hundred dollars; and
17 (c) Class IV felony when the amount gained or intended to be gained
18 through the use of such device, scheme, or technique is three one
19 thousand five hundred dollars or more.
20 (4) It shall be the duty of the Attorney General or appropriate
21 county attorney to prosecute and defend all proceedings initiated in any
22 court or otherwise under the act.
23 (5) The failure to do any act required by or under the Nebraska
24 County and City Lottery Act shall be deemed an act in part in the
25 principal office of the department. Any prosecution under such act may be
26 conducted in any county where the defendant resides or has a place of
27 business or in any county in which any violation occurred.
28 (6) In the enforcement and investigation of any offense committed
29 under the act, the department may call to its aid any sheriff, deputy
30 sheriff, or other peace officer in the state.
31 Sec. 5. Section 23-135.01, Reissue Revised Statutes of Nebraska, is
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