This bill amends section 29-2221 of the Revised Statutes Supplement, 2025, to modify the habitual criminal enhancement provisions specifically for theft offenses. The bill establishes that individuals who have been convicted of certain felonies and have prior felony convictions may face increased mandatory minimum sentences. Notably, it introduces a new provision (1)(d) that stipulates if a felony is committed in violation of sections 28-509 to 28-518, and the individual has two or more prior felony convictions for similar offenses, the mandatory minimum sentence will be three years, with a maximum of twenty years. This enhancement applies even if some prior convictions did not result in imprisonment.
Additionally, the bill deletes previous language that included certain sections related to habitual criminality and clarifies the sentencing process for habitual criminals. It maintains that the fact of being a habitual criminal should not be disclosed to the jury during the trial of the felony charge, and a separate hearing will determine the individual's prior felony convictions before sentencing. The original section 29-2221 is repealed, indicating a complete overhaul of the habitual criminal enhancement framework as it pertains to theft offenses.
Statutes affected: Introduced: 29-2221