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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 619
Introduced by McDonnell, 5.
Read first time January 17, 2023
Committee: Judiciary
1 A BILL FOR AN ACT relating to crimes and offenses; to amend section
2 29-2221, Reissue Revised Statutes of Nebraska, and sections 28-101,
3 28-115, 28-929, 28-929.01, 28-929.02, 28-930, 28-931, 28-934,
4 28-1351, and 28-1354, Revised Statutes Cumulative Supplement, 2022;
5 to prohibit assault on a public transportation driver; to change and
6 eliminate provisions and penalties relating to offenses involving
7 assault on an officer, emergency responder, certain employees, or a
8 health care professional; to define and redefine terms; to harmonize
9 provisions; to repeal the original sections; and to outright repeal
10 section 28-931.01, Revised Statutes Cumulative Supplement, 2022.
11 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 28-101, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 28-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-1701
4 and sections 3 to 8 of this act shall be known and may be cited as the
5 Nebraska Criminal Code.
6 Sec. 2. Section 28-115, Revised Statutes Cumulative Supplement,
7 2022, is amended to read:
8 28-115 (1) Except as provided in subsection (2) of this section, any
9 person who commits any of the following criminal offenses against a
10 pregnant woman shall be punished by the imposition of the next higher
11 penalty classification than the penalty classification prescribed for the
12 criminal offense:
13 (a) Assault in the first degree, section 28-308;
14 (b) Assault in the second degree, section 28-309;
15 (c) Assault in the third degree, section 28-310;
16 (d) Assault by strangulation or suffocation, section 28-310.01;
17 (e) Sexual assault in the first degree, section 28-319;
18 (f) Sexual assault in the second or third degree, section 28-320;
19 (g) Sexual assault of a child in the first degree, section
20 28-319.01;
21 (h) Sexual assault of a child in the second or third degree, section
22 28-320.01;
23 (i) Sexual abuse of an inmate or parolee in the first degree,
24 section 28-322.02;
25 (j) Sexual abuse of an inmate or parolee in the second degree,
26 section 28-322.03;
27 (k) Sexual abuse of a protected individual in the first or second
28 degree, section 28-322.04;
29 (l) Sexual abuse of a detainee under section 28-322.05;
30 (m) Domestic assault in the first, second, or third degree, section
31 28-323;
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1 (n) Assault on a public safety officer, health care professional, or
2 public transportation driver in the first degree, section 4 of this act;
3 Assault on an officer, an emergency responder, a state correctional
4 employee, a Department of Health and Human Services employee, or a health
5 care professional in the first degree, section 28-929;
6 (o) Assault on a public safety officer, health care professional, or
7 public transportation driver in the second degree, section 5 of this act;
8 Assault on an officer, an emergency responder, a state correctional
9 employee, a Department of Health and Human Services employee, or a health
10 care professional in the second degree, section 28-930;
11 (p) Assault on a public safety officer, health care professional, or
12 public transportation driver in the third degree, section 6 of this act;
13 Assault on an officer, an emergency responder, a state correctional
14 employee, a Department of Health and Human Services employee, or a health
15 care professional in the third degree, section 28-931;
16 (q) Assault on an officer, an emergency responder, a state
17 correctional employee, a Department of Health and Human Services
18 employee, or a health care professional using a motor vehicle, section
19 28-931.01;
20 (q) (r) Assault by a confined person, section 28-932;
21 (r) (s) Confined person committing offenses against another person,
22 section 28-933; and
23 (s) (t) Proximately causing serious bodily injury while operating a
24 motor vehicle, section 60-6,198.
25 (2) The enhancement in subsection (1) of this section does not apply
26 to any criminal offense listed in subsection (1) of this section that is
27 already punishable as a Class I, IA, or IB felony. If any criminal
28 offense listed in subsection (1) of this section is punishable as a Class
29 I misdemeanor, the penalty under this section is a Class IIIA felony.
30 (3) The prosecution shall allege and prove beyond a reasonable doubt
31 that the victim was pregnant at the time of the offense.
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1 Sec. 3. Section 28-929.01, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 28-929.01 For purposes of sections 3 to 8 of this act 28-929,
4 28-929.02, 28-930, 28-931, and 28-931.01:
5 (1) Emergency care provider means (a) an emergency medical
6 responder; (b) an emergency medical technician; (c) an advanced emergency
7 medical technician; (d) a community paramedic; (e) a critical care
8 paramedic; or (f) a paramedic, as those persons are licensed and
9 classified under the Emergency Medical Services Practice Act;
10 (2) Health care professional means a physician or other health care
11 practitioner who is licensed, certified, or registered to perform
12 specified health services consistent with state law who practices at a
13 hospital or a health clinic;
14 (3) Health clinic has the definition found in section 71-416; and
15 (4) Hospital has the definition found in section 71-419; .
16 (5) Public safety officer means:
17 (a) A peace officer;
18 (b) A probation officer;
19 (c) A firefighter;
20 (d) An emergency care provider;
21 (e) An employee of the Department of Correctional Services; or
22 (f) An employee of the Department of Health and Human Services if
23 the person committing the offense is committed as a dangerous sex
24 offender under the Sex Offender Commitment Act; and
25 (6)(a) Public transportation driver means the driver or operator of
26 a vehicle providing public transportation that is under the jurisdiction
27 of or operated by a municipality, county, transit authority, regional
28 metropolitan transit authority, or other political subdivision.
29 (b) Public transportation driver does not include a taxi driver or
30 other driver or operator employed by a private entity.
31 Sec. 4. Section 28-929, Revised Statutes Cumulative Supplement,
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1 2022, is amended to read:
2 28-929 (1) A person commits the offense of assault on an officer, an
3 emergency responder, a state correctional employee, a Department of
4 Health and Human Services employee, or a public safety officer, health
5 care professional, or public transportation driver in the first degree if
6 such person intentionally or knowingly causes serious bodily injury to a:
7 (a) Public safety officer while such officer is engaged in the
8 performance of the officer's official duties;
9 (b) Health care professional while such professional is on duty at a
10 hospital or health clinic; or
11 (c) Public transportation driver while such driver is engaged in the
12 performance of such driver's official duties.
13 (a) He or she intentionally or knowingly causes serious bodily
14 injury:
15 (i) To a peace officer, a probation officer, a firefighter, an
16 emergency care provider, or an employee of the Department of Correctional
17 Services;
18 (ii) To an employee of the Department of Health and Human Services
19 if the person committing the offense is committed as a dangerous sex
20 offender under the Sex Offender Commitment Act; or
21 (iii) To a health care professional; and
22 (b) The offense is committed while such officer, firefighter,
23 emergency care provider, or employee is engaged in the performance of his
24 or her official duties or while the health care professional is on duty
25 at a hospital or a health clinic.
26 (2) A violation of this section is Assault on an officer, an
27 emergency responder, a state correctional employee, a Department of
28 Health and Human Services employee, or a health care professional in the
29 first degree shall be a Class ID felony.
30 Sec. 5. Section 28-930, Revised Statutes Cumulative Supplement,
31 2022, is amended to read:
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1 28-930 (1) A person commits the offense of assault on an officer, an
2 emergency responder, a state correctional employee, a Department of
3 Health and Human Services employee, or a public safety officer, health
4 care professional, or public transportation driver in the second degree
5 if such person:
6 (a) Intentionally, knowingly, or recklessly causes bodily injury to
7 a public safety officer, health care professional, or public
8 transportation driver with a dangerous instrument; and
9 (b) Such offense is committed while such public safety officer or
10 public transportation driver is engaged in the performance of the
11 officer's or driver's official duties or while such health care
12 professional is on duty at a hospital or health clinic.
13 (a) He or she:
14 (i) Intentionally or knowingly causes bodily injury with a dangerous
15 instrument:
16 (A) To a peace officer, a probation officer, a firefighter, an
17 emergency care provider, or an employee of the Department of Correctional
18 Services;
19 (B) To an employee of the Department of Health and Human Services if
20 the person committing the offense is committed as a dangerous sex
21 offender under the Sex Offender Commitment Act; or
22 (C) To a health care professional; or
23 (ii) Recklessly causes bodily injury with a dangerous instrument:
24 (A) To a peace officer, a probation officer, a firefighter, an
25 emergency care provider, or an employee of the Department of Correctional
26 Services;
27 (B) To an employee of the Department of Health and Human Services if
28 the person committing the offense is committed as a dangerous sex
29 offender under the Sex Offender Commitment Act; or
30 (C) To a health care professional; and
31 (b) The offense is committed while such officer, firefighter,
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1 emergency care provider, or employee is engaged in the performance of his
2 or her official duties or while the health care professional is on duty
3 at a hospital or a health clinic.
4 (2) A violation of this section is Assault on an officer, an
5 emergency responder, a state correctional employee, a Department of
6 Health and Human Services employee, or a health care professional in the
7 second degree shall be a Class II felony.
8 Sec. 6. Section 28-931, Revised Statutes Cumulative Supplement,
9 2022, is amended to read:
10 28-931 (1) A person commits the offense of assault on an officer, an
11 emergency responder, a state correctional employee, a Department of
12 Health and Human Services employee, or a public safety officer, health
13 care professional, or public transportation driver in the third degree if
14 such person intentionally, knowingly, or recklessly causes bodily injury
15 to a:
16 (a) Public safety officer while such officer is engaged in the
17 performance of the officer's official duties;
18 (b) Health care professional while such professional is on duty at a
19 hospital or health clinic; or
20 (c) Public transportation driver while such driver is engaged in the
21 performance of such driver's official duties.
22 (a) He or she intentionally, knowingly, or recklessly causes bodily
23 injury:
24 (i) To a peace officer, a probation officer, a firefighter, an
25 emergency care provider, or an employee of the Department of Correctional
26 Services;
27 (ii) To an employee of the Department of Health and Human Services
28 if the person committing the offense is committed as a dangerous sex
29 offender under the Sex Offender Commitment Act; or
30 (iii) To a health care professional; and
31 (b) The offense is committed while such officer, firefighter,
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1 emergency care provider, or employee is engaged in the performance of his
2 or her official duties or while the health care professional is on duty
3 at a hospital or a health clinic.
4 (2) A violation of this section is Assault on an officer, an
5 emergency responder, a state correctional employee, a Department of
6 Health and Human Services employee, or a health care professional in the
7 third degree shall be a Class IIIA felony.
8 Sec. 7. Section 28-934, Revised Statutes Cumulative Supplement,
9 2022, is amended to read:
10 28-934 (1) A person commits an offense if such person: Any person
11 who knowingly and intentionally strikes any public safety officer with
12 any bodily fluid is guilty of assault with a bodily fluid against a
13 public safety officer.
14 (a) Knowingly or intentionally strikes a public safety officer,
15 health care professional, or public transportation driver with a bodily
16 fluid; and
17 (b) Such offense is committed while such public safety officer or
18 public transportation driver is engaged in the performance of the
19 officer's or driver's official duties or while such health care
20 professional is on duty at a hospital or health clinic.
21 (2) Except as provided in subsection (3) of this section, a
22 violation of this section assault with a bodily fluid against a public
23 safety officer is a Class I misdemeanor.
24 (3) A violation of this section Assault with a bodily fluid against
25 a public safety officer is a Class IIIA felony if the person committing
26 the offense strikes with a bodily fluid the eyes, mouth, or skin of a
27 public safety officer, health care professional, or public transportation
28 driver and knew the source of the bodily fluid was infected with the
29 human immunodeficiency virus, hepatitis B, or hepatitis C at the time the
30 offense was committed.
31 (4) Upon a showing of probable cause by affidavit to a judge of this
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