This bill amends section 28-101 of the Revised Statutes Cumulative Supplement, 2024, to introduce enhanced penalties for certain offenses committed in a disaster area during an emergency period. It defines key terms such as "covered offense," which includes various degrees of assault, robbery, arson, burglary, theft, and related criminal activities. The bill specifies that a "disaster area" can be designated by emergency proclamations from the Governor, local emergency declarations, or federal disaster declarations, while the "emergency period" lasts for the duration of such declarations, with a default end date of thirty days if not specified.

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 The original section 28-101 is repealed as part of this legislative update.

Statutes affected:
Introduced: 28-101