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 use of a controlled substance that directly caused death or serious bodily injury to another person. Additionally, if the individual was in possession of a firearm during the violation, they will also face an enhanced penalty. However, the bill clarifies that the enhanced penalty cannot exceed a Class IB felony.

Furthermore, the bill includes provisions for the forfeiture of property related to violations of subsection (1), allowing courts to order the forfeiture of money, securities, and other items if they were 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. The original section 28-416 is repealed, and the new provisions are intended to strengthen the legal framework surrounding controlled substances and enhance penalties for serious offenses.

Statutes affected:
Introduced: 28-416