Bill Summary – FastDemocracy

LB940                                                                   LB940
                                                                   2020
                               LEGISLATURE OF NEBRASKA
                           ONE HUNDRED SIXTH LEGISLATURE
                                    SECOND SESSION
                       LEGISLATIVE BILL 940
        Introduced by Pansing Brooks, 28.
        Read first time January 13, 2020
        Committee: Judiciary
   A BILL FOR AN ACT relating to the Nebraska Juvenile Code; to amend
       section 43-2,108.01, Revised Statutes Supplement, 2019; to change
       provisions relating to sealing of juvenile records; and to repeal
       the original section.
   Be it enacted by the people of the State of Nebraska,
                                           -1-
LB940                                                                            LB940
                                                                            2020
        Section 1. Section 43-2,108.01, Revised Statutes Supplement, 2019,
    is amended to read:
        43-2,108.01 (1) Sections 43-2,108.01 to 43-2,108.05 apply only to
   persons who were under the age of eighteen years when the offense took
    place and, after being taken into custody, arrested, cited in lieu of
    arrest, or referred for prosecution without citation, the county attorney
    or city attorney:
        (a) Declined to file a juvenile petition or criminal complaint;
        (b) Offered juvenile pretrial diversion, mediation, or restorative
    justice to the juvenile under the Nebraska Juvenile Code;
        (c) Filed a juvenile court petition describing the juvenile as a
    juvenile described in subdivision (1), (2), (3)(b), or (4) of section
    43-247;
        (d) Filed a criminal complaint in county court against the juvenile
    under state statute or city or village ordinance for misdemeanor or
    infraction possession of   marijuana or   misdemeanor or   infraction
    possession of drug paraphernalia;
        (e) Filed a criminal complaint in county court against the juvenile
    for any other misdemeanor or infraction under state statute or city or
   village ordinance, other than for a traffic offense, when all offenses in
   the case are waiveable offenses; or
        (f) Filed a criminal complaint in county or district court for a
    felony offense under state law or a city or village ordinance that was
    subsequently transferred to juvenile court for ongoing jurisdiction.
        (2) The changes made by Laws 2019, LB354, to the relief set forth in
    sections 43-2,108.03 to 43-2,108.05 shall apply to all persons described
    in this section, as amended by Laws 2019, LB354, and this legislative
    bill, for offenses occurring prior to, on, or after September 1, 2019.
        Sec. 2.    Original section 43-2,108.01, Revised Statutes Supplement,
    2019, is repealed.
                                            -2-