This bill amends section 28-101 of the Revised Statutes Cumulative Supplement, 2024, to introduce enhanced penalties for certain offenses committed in designated disaster areas during an emergency period. The bill defines "covered offenses" to include various forms of assault, robbery, arson, burglary, theft, and related criminal activities. It also establishes definitions for "disaster area" and "emergency period," specifying the conditions under which these terms apply, such as emergency proclamations or mandatory evacuation orders.

Under the new provisions, individuals committing a covered offense in a disaster area during an emergency period will face penalties that are one classification higher than those typically prescribed for the offense. For example, if an offense is normally classified as a Class I misdemeanor, the enhanced penalty would be a Class IV felony. The bill requires that the allegations for such enhancements be included in the indictment, and it places the burden of proof on the prosecuting attorney to establish these allegations beyond a reasonable doubt. Additionally, the original section 28-101 is repealed to accommodate these changes.

Statutes affected:
Introduced: 28-101