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 who commit 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 also stipulates that the allegations for such enhancements must be included in the indictment, 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 The original section 28-101 is repealed as part of this legislative update.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