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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 353
Introduced by Pansing Brooks, 28; Morfeld, 46.
Read first time January 16, 2019
Committee: Judiciary
1 A BILL FOR AN ACT relating to law enforcement; to amend sections
2 25-21,303, 28-109, 28-359, 28-710, 28-1008, 29-4103, 49-801,
3 53-1,121, 60-646, 60-683, 69-2429, 71-507, 71-910, and 86-802,
4 Reissue Revised Statutes of Nebraska, and sections 20-502, 20-504,
5 28-470, 42-903, 48-202, 54-902, 81-1401, 81-1452, 81-1455, and
6 85-2602, Revised Statutes Cumulative Supplement, 2018; to provide
7 powers and duties for University of Nebraska police departments and
8 police officers as prescribed; to redefine terms; and to repeal the
9 original sections.
10 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 20-502, Revised Statutes Cumulative Supplement,
2 2018, is amended to read:
3 20-502 (1) No member of the Nebraska State Patrol or a county
4 sheriff's office, officer of a city or village police department, officer
5 of a University of Nebraska police department, or member of any other law
6 enforcement agency in this state shall engage in racial profiling. The
7 disparate treatment of an individual who has been detained or whose motor
8 vehicle has been stopped by a law enforcement officer is inconsistent
9 with this policy.
10 (2) Racial profiling shall not be used to justify the detention of
11 an individual or to conduct a motor vehicle stop.
12 Sec. 2. Section 20-504, Revised Statutes Cumulative Supplement,
13 2018, is amended to read:
14 20-504 (1) On or before January 1, 2014, the Nebraska State Patrol,
15 the county sheriffs, all city and village police departments, all
16 University of Nebraska police departments, and any other law enforcement
17 agency in this state shall adopt and provide a copy to the Nebraska
18 Commission on Law Enforcement and Criminal Justice of a written policy
19 that prohibits the detention of any person or a motor vehicle stop when
20 such action is motivated by racial profiling. Such racial profiling
21 prevention policy shall include definitions consistent with section
22 20-503 and one or more internal methods of prevention and enforcement,
23 including, but not limited to:
24 (a) Internal affairs investigation;
25 (b) Preventative measures including extra training at the Nebraska
26 Law Enforcement Training Center focused on avoidance of apparent or
27 actual racial profiling;
28 (c) Early intervention with any particular personnel determined by
29 the administration of the agency to have committed, participated in,
30 condoned, or attempted to cover up any instance of racial profiling; and
31 (d) Disciplinary measures or other formal or informal methods of
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1 prevention and enforcement.
2 None of the preventative or enforcement measures shall be
3 implemented contrary to the collective-bargaining agreement provisions or
4 personnel rules under which the member or officer in question is
5 employed.
6 (2) The Nebraska Commission on Law Enforcement and Criminal Justice
7 may develop and distribute a suggested model written racial profiling
8 prevention policy for use by law enforcement agencies, but the commission
9 shall not mandate the adoption of the model policy except for any
10 particular law enforcement agency which fails to timely create and
11 provide to the commission a policy for the agency in conformance with the
12 minimum standards set forth in this section.
13 (3) With respect to a motor vehicle stop, on and after January 1,
14 2002, the Nebraska State Patrol, the county sheriffs, all city and
15 village police departments, all University of Nebraska police
16 departments, and any other law enforcement agency in this state shall
17 record and retain the following information using the form developed and
18 promulgated pursuant to section 20-505:
19 (a) The number of motor vehicle stops;
20 (b) The characteristics of race or ethnicity of the person stopped.
21 The identification of such characteristics shall be based on the
22 observation and perception of the law enforcement officer responsible for
23 reporting the motor vehicle stop and the information shall not be
24 required to be provided by the person stopped;
25 (c) If the stop is for a law violation, the nature of the alleged
26 law violation that resulted in the motor vehicle stop;
27 (d) Whether a warning or citation was issued, an arrest made, or a
28 search conducted as a result of the motor vehicle stop. Search does not
29 include a search incident to arrest or an inventory search; and
30 (e) Any additional information that the Nebraska State Patrol, the
31 county sheriffs, all city and village police departments, all University
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1 of Nebraska police departments, or any other law enforcement agency in
2 this state, as the case may be, deems appropriate.
3 (4) The Nebraska Commission on Law Enforcement and Criminal Justice
4 may develop a uniform system for receiving allegations of racial
5 profiling. The Nebraska State Patrol, the county sheriffs, all city and
6 village police departments, all University of Nebraska police
7 departments, and any other law enforcement agency in this state shall
8 provide to the commission (a) a copy of each allegation of racial
9 profiling received and (b) written notification of the review and
10 disposition of such allegation. No information revealing the identity of
11 the law enforcement officer involved in the stop shall be used,
12 transmitted, or disclosed in violation of any collective-bargaining
13 agreement provision or personnel rule under which such law enforcement
14 officer is employed. No information revealing the identity of the
15 complainant shall be used, transmitted, or disclosed in the form alleging
16 racial profiling.
17 (5) Any law enforcement officer who in good faith records
18 information on a motor vehicle stop pursuant to this section shall not be
19 held civilly liable for the act of recording such information unless the
20 law enforcement officer's conduct was unreasonable or reckless or in some
21 way contrary to law.
22 (6) On or before October 1, 2002, and annually thereafter, the
23 Nebraska State Patrol, the county sheriffs, all city and village police
24 departments, all University of Nebraska police departments, and all other
25 law enforcement agencies in this state shall provide to the Nebraska
26 Commission on Law Enforcement and Criminal Justice, in such form as the
27 commission prescribes, a summary report of the information recorded
28 pursuant to subsection (3) of this section.
29 (7) The Nebraska Commission on Law Enforcement and Criminal Justice
30 shall, within the limits of its existing appropriations, including any
31 grant funds which the commission is awarded for such purpose, provide for
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1 an annual review and analysis of the prevalence and disposition of motor
2 vehicle stops based on racial profiling and allegations of racial
3 profiling involved in other detentions reported pursuant to this section.
4 After the review and analysis, the commission may, when it deems
5 warranted, inquire into and study individual law enforcement agency
6 circumstances in which the raw data collected and analyzed raises at
7 least some issue or appearance of possible racial profiling. The
8 commission may make recommendations to any such law enforcement agency
9 for the purpose of improving measures to prevent racial profiling or the
10 appearance of racial profiling. The results of such review, analysis,
11 inquiry, and study and any recommendations by the commission to any law
12 enforcement agency shall be reported annually to the Governor and the
13 Legislature. The report submitted to the Legislature shall be submitted
14 electronically.
15 (8) Any law enforcement officer, prosecutor, defense attorney, or
16 probation officer, unless restricted by privilege, who becomes aware of
17 incidents of racial profiling by a law enforcement agency, shall report
18 such incidents to the Nebraska Commission on Law Enforcement and Criminal
19 Justice within thirty days after becoming aware of such practice.
20 Sec. 3. Section 25-21,303, Reissue Revised Statutes of Nebraska, is
21 amended to read:
22 25-21,303 (1) For all money, securities, negotiable instruments,
23 firearms, conveyances, or real estate seized pursuant to section
24 25-21,302, the appropriate law enforcement agency or, as provided in
25 subsection (5) of this section, the prosecuting attorney shall provide a
26 written report of the forfeiture to the Auditor of Public Accounts. The
27 report shall include:
28 (a) The date of the seizure;
29 (b) The type of property seized, such as a vehicle, currency, or a
30 firearm;
31 (c) A description of the property seized, including, if applicable,
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1 the make, model, year, and serial number of the property seized;
2 (d) The street name and traffic direction where the seizure
3 occurred, such as eastbound, westbound, southbound, or northbound;
4 (e) The crime for which the suspect was charged;
5 (f) The disposition of the property seized through the forfeiture
6 process, such as the property was returned to the suspect, returned to a
7 third-party owner, sold, destroyed, or retained by law enforcement;
8 (g) The basis for disposition of the seized property, such as the
9 suspect was found not guilty, agreement for disposition, criminal
10 forfeiture, or civil forfeiture;
11 (h) The value of the property forfeited;
12 (i) If the seizure resulted from a motor vehicle stop, (i) whether a
13 warning or citation was issued, an arrest was made, or a search was
14 conducted and (ii) the characteristics of the race or ethnicity of the
15 suspect. The identification of such characteristics shall be based on the
16 observation and perception of the law enforcement officer responsible for
17 reporting the motor vehicle stop. The information shall not be required
18 to be provided by the suspect; and
19 (j) Any additional information the Nebraska State Patrol, a county
20 sheriff, any city or village police department, a University of Nebraska
21 police departments, or any other law enforcement agency in this state, as
22 the case may be, deems appropriate.
23 (2) The appropriate law enforcement agency or prosecuting attorney
24 shall report to the Auditor of Public Accounts all instances in which
25 property seized for forfeiture was returned to its owner either because
26 the forfeiture was not pursued or for any other reason.
27 (3) Reports shall be made on an annual basis in a manner prescribed
28 by the Auditor of Public Accounts. The Auditor of Public Accounts shall
29 submit a report to the Legislature on the nature and extent of such
30 seizures on an annual basis. Such report shall be submitted
31 electronically.
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1 (4) For forfeitures resulting from the activities of
2 multijurisdictional law enforcement entities, a law enforcement entity
3 other than a Nebraska law enforcement entity shall, on its own
4 initiative, report the information required by this section.
5 (5) The prosecuting attorney is not required to report information
6 required by this section unless he or she has been notified by the
7 Auditor of Public Accounts that the appropriate law enforcement agency
8 has not reported the information required by this section.
9 Sec. 4. Section 28-109, Reissue Revised Statutes of Nebraska, is
10 amended to read:
11 28-109 For purposes of the Nebraska Criminal Code, unless the
12 context otherwise requires:
13 (1) Act shall mean a bodily movement, and includes words and
14 possession of property;
15 (2) Aid or assist shall mean knowingly to give or lend money or
16 credit to be used for, or to make possible or available, or to further
17 activity thus aided or assisted;
18 (3) Benefit shall mean any gain or advantage to the beneficiary
19 including any gain or advantage to another person pursuant to the desire
20 or consent of the beneficiary;
21 (4) Bodily injury shall mean physical pain, illness, or any
22 impairment of physical condition;
23 (5) Conduct shall mean an action or omission and its accompanying
24 state of mind, or, where relevant, a series of acts and omissions;
25 (6) Conveyance shall mean a mode of transportation that includes any
26 vehicle, aircraft, or watercraft;
27 (7) Deadly physical force shall mean force, the intended, natural,
28 and probable consequence of which is to produce death, or which does, in
29 fact, produce death;
30 (8) Deadly weapon shall mean any firearm, knife, bludgeon, or other
31 device, instrument, material, or substance, whether animate or inanimate,
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1 which in the manner it is used or intended to be used is capable of
2 producing death or serious bodily injury;
3 (9) Deface shall mean to alter the appearance of something by
4 removing, distorting, adding to, or covering all or a part of the thing;
5 (10) Dwelling shall mean a building or other thing which is used,
6 intended to be used, or usually used by a person for habitation;
7 (11) Government shall mean the United States, any state, county,
8 municipality, or other political unit, any branch, department, agency, or
9 subdivision of any of the foregoing, and any corporation or other entity
10 established by law to carry out any governmental function;
11 (12) Governmental function shall mean any activity which a public
12 servant is legally authorized to undertake on behalf of government;
13 (13) Motor vehicle shall mean every self-propelled land vehicle, not
14 operated upon rails, except self-propelled chairs used by persons who are
15 disabled, electric personal assistive mobility devices as defined in
16 section 60-618.02, and bicycles as defined in section 60-611;
17 (14) Omission shall mean a failure to perform an act as to which a
18 duty of performance is imposed by law;
19 (15) Peace officer shall mean any officer or employee of the state
20 or a political subdivision authorized by law to make arrests, and any
21 University of Nebraska police officer and shall include members of the
22 National Guard on active service by direction of the Governor during
23 periods of emergency or civil disorder;
24 (16) Pecuniary benefit shall mean benefit in the form of money,
25 prop