This bill amends section 28-416 of the Revised Statutes Cumulative Supplement, 2024, under the Uniform Controlled Substances Act, to introduce a penalty enhancement for violations that result in serious bodily injury or death. Specifically, it stipulates that any person convicted of a violation of subsection (1) will face a higher penalty classification if the violation involved the possession of a firearm or directly caused the death or serious bodily injury to another person. The enhanced penalty will not exceed a Class IB felony. Additionally, the bill establishes that possession of money intended to facilitate a violation of subsection (1) will be classified as a Class IV felony.

Furthermore, the bill allows for the forfeiture of property related to violations of subsection (1) if it is proven that such property was derived from or used to facilitate the violation. It also outlines specific penalties for individuals under eighteen years of age who are convicted of violations, including the potential impounding of licenses and mandatory attendance in drug education classes, with increasing penalties for subsequent offenses. The original section 28-416 is repealed as part of this legislative update.

Statutes affected:
Introduced: 28-416