This bill amends section 28-101 of the Revised Statutes Cumulative Supplement, 2024, to introduce enhanced penalties for certain criminal offenses committed in designated disaster areas during an emergency period. The bill defines "covered offenses" to include various degrees of assault, robbery, arson, burglary, theft, and related crimes. It also establishes the terms "disaster area" and "emergency period," specifying that the latter lasts until a proclamation or declaration is lifted, or for thirty days if no end date is provided.

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 Additionally, the original section 28-101 is repealed as part of this legislative update.

Statutes affected:
Introduced: 28-101