Bill Summary – FastDemocracy

LB114                                                                  LB114
                                                                  2021
                               LEGISLATURE OF NEBRASKA
                          ONE HUNDRED SEVENTH LEGISLATURE
                                   FIRST SESSION
                         LEGISLATIVE BILL 114
        Introduced by McCollister, 20.
        Read first time January 07, 2021
        Committee: Judiciary
   A BILL FOR AN ACT relating to criminal procedure; to adopt the Clean
       Slate Act.
   Be it enacted by the people of the State of Nebraska,
                                           -1-
LB114                                                                                                 LB114
                                                                                                 2021
        Section 1.         Sections 1 to 10 of this act shall be known and may be
   cited as the Clean Slate Act.
        Sec. 2.      (1) The Legislature finds and declares that:
        (a) After individuals convicted of nonviolent or less violent crimes
   have served their sentences and obeyed the law long enough to demonstrate
   their rehabilitation, such individuals' criminal records should not stand
   as an impediment to the necessities of life, such as employment, housing,
   and education. However, criminal justice agencies need access to all
   criminal history record information in order to effectively carry out
   their duties to protect the public;
        (b) The state shall provide a clean slate remedy, as set forth under
   the Clean Slate Act, in order to:
        (i) Provide an incentive for offenders to remain crime-free;
        (ii)    Provide hope to     offenders who are trying to    rehabilitate
   themselves;
        (iii)    Save the state money that must be   spent when offenders
   recidivate; and
        (iv)     Ensure appropriate access to     criminal history record
   information by criminal justice agencies and for other purposes essential
   to the health and safety of the public; and
         (c)     To the extent possible,     the Clean Slate Act should be
   implemented with low cost to the courts, criminal justice agencies, and
   individuals seeking relief under the act.
        Sec. 3.      For purposes of the Clean Slate Act, the definitions found
   in the Security,         Privacy,     and Dissemination of     Criminal History
   Information Act and sections 4 and 5 of this act apply.
        Sec. 4.      The terms conviction and adjudication:
        (1) Include a conviction or adjudication following trial or entry of
   a guilty plea or plea of nolo contendere and include a forfeiture of
   bail, bond, or other security deposited to secure appearance by a person
    charged with an offense;
                                                    -2-
LB114                                                                                                 LB114
                                                                                                 2021
         (2)   When used in   reference to    an offense committed in   another
   jurisdiction, include convictions and adjudications by any village, town,
   city, state, territory, commonwealth, or other jurisdiction of the United
   States, by the United States Government, or by court-martial or other
   military tribunal; and
          (3) When used in determining whether a person has been convicted of
    or adjudicated for an offense during the eligibility period described in
    section 6 or 7 of this act, do not include convictions or adjudications
   (i) pardoned, (ii) set aside under section 29-2264, or (iii) set aside,
   expunged,       or otherwise nullified by    another jurisdiction through   a
   procedure comparable in effect to section 29-2264.
         Sec. 5.        (1) Qualified offense means an offense under Nebraska law,
   an ordinance of a Nebraska city or village, or a county resolution that
   is:
         (a) A Class III, IIIA, or IV felony, including unclassified felonies
   under section 28-107;
          (b) A misdemeanor, including unclassified misdemeanors under section
    28-107; or
          (c) An infraction.
         (2)   Qualified offense does not include any of    the following
   offenses:
         (a) Illegal disclosure of juror names, section 25-1673;
         (b) Tampering with a jury list, section 25-1676;
         (c) Motor vehicle homicide, section 28-306;
         (d) Assault by strangulation or suffocation, section 28-310.01;
         (e) Criminal child enticement, section 28-311;
         (f) Terroristic threats, section 28-311.01;
         (g) Stalking, section 28-311.04, except for a misdemeanor violation;
         (h)   A    violation of   section     28-311.08,     except for   a misdemeanor
    violation;
         (i) Violation of harassment protection order, section 28-311.09;
                                                   -3-
LB114                                                                      LB114
                                                                      2021
       (j) Violation of sexual assault protection order, section 28-311.11;
       (k) False imprisonment in the first degree, section 28-314;
       (l) Sexual abuse by a school employee, section 28-316.01;
       (m) Any sexual assault or sexual abuse offense, sections 28-317 to
   28-322.05;
       (n) Any domestic assault, section 28-323, except for a misdemeanor
   violation of subdivision (1)(c) of section 28-323;
       (o) Any violation relating to abortion, sections 28-325 to 28-345
   and section 28-347.04;
        (p) Failure to report under Adult Protective Services Act, section
    28-384;
       (q) Knowing and intentional abuse, neglect, or exploitation of a
   vulnerable or senior adult, section 28-386;
       (r) Any felony violation of the Homicide of the Unborn Child Act,
   sections 28-388 to 28-394, except for a misdemeanor violation of motor
   vehicle homicide of an unborn child under section 28-394;
       (s) Any violation of the Assault of an Unborn Child Act, sections
   28-395 to 28-3,101;
       (t) Intentional or reckless performance of or attempt to perform an
   abortion in violation of the Pain-Capable Unborn Child Protection Act,
   section 28-3,108;
        (u) Prohibited acts related to methamphetamine, chemical substances,
    and paraphernalia, section 28-457;
        (v) Arson in the second degree, section 28-503;
        (w) Violation of Counterfeit Airbag Prevention Act, section 28-644;
        (x) Incest, section 28-703;
        (y) Child abuse, section 28-707;
       (z) Willful failure to report abused or neglected children, section
   28-717;
        (aa) Solicitation of prostitution, section 28-801.01, except for a
    misdemeanor violation;
                                          -4-
LB114                                                                                                LB114
                                                                                                2021
        (bb) Keeping a place of prostitution used by a person under the age
    of eighteen years, section 28-804;
       (cc) Possession by a person under nineteen years of age of visual
   depiction of sexually explicit conduct containing a child other than the
    defendant as one of its participants or portrayed observers, section
    28-813.01, except for a misdemeanor violation;
        (dd) Enticement by electronic communication device, section 28-833;
       (ee)     Resisting arrest,       section     28-904,     except for    a misdemeanor
   violation;
       (ff) Operating a motor vehicle or vessel to avoid arrest, section
   28-905, except for a misdemeanor violation;
        (gg) Escape or permitting an escape from official detention, section
    28-912;
       (hh) Accessory to escape of juvenile from custody of Office of
   Juvenile Services, section 28-912.01;
       (ii) Introducing escape implements or contraband, section 28-913;
       (jj) Perjury and subornation of perjury, section 28-915;
       (kk) Bribery, section 28-917;
       (ll) Bribery of a witness or witness accepting bribe or benefit,
   section 28-918;
       (mm)     Tampering with     a witness or      informant or   jury tampering,
   section 28-919;
        (nn) Bribery of a juror or juror accepting bribe or benefit, section
    28-920;
        (oo) Tampering with physical evidence, section 28-922;
        (pp)     Assault on   an officer,       an emergency responder,       a state
    correctional employee,      a Department of     Health and Human Services
   employee, or a health care professional in the third degree, section
   28-931;
       (qq)     Assault on   an officer,       an emergency responder,       a state
   correctional employee,      a Department of     Health and Human Services
                                                   -5-
LB114                                                                                                  LB114
                                                                                                  2021
   employee, or a health care professional using a motor vehicle, section
   28-931.01;
       (rr) Assault by a confined person, section 28-932;
        (ss) Assault with a bodily fluid against a public safety officer,
    28-934;
        (tt) Animal fighting, prohibited acts, section 28-1005;
        (uu)     Knowing or    intentional ownership or    possession of    animal
    fighting paraphernalia, section 28-1005.01;
       (vv) Abandonment, cruel neglect, or cruel mistreatment of an animal
   or harassment of a police animal, section 28-1009, except for a Class IV
   misdemeanor violation;
       (ww) Indecency with an animal, section 28-1010;
        (xx)     Violation of    court order related to       felony animal abuse
    conviction, section 28-1019;
        (yy) Gambling debt collection, section 28-1105.01;
       (zz) Carrying a concealed weapon, section 28-1202, except for a
   misdemeanor violation;
        (aaa) Transporting or possessing a machine gun, short rifle, or
    short shotgun, section 28-1203;
        (bbb)     Unlawful possession of     a firearm at    a school,       section
    28-1204.04;
       (ccc) Unlawful possession of a firearm by a prohibited juvenile
   offender, section 28-1204.05, except for a Class IV felony violation;
        (ddd) Possession of a deadly weapon other than a firearm during
    commission of a felony, section 28-1205;
        (eee)     Possession of    a deadly weapon other than     a firearm by   a
    prohibited person, section 28-1206;
        (fff) Possession of a defaced firearm, section 28-1207;
        (ggg) Defacing a firearm, section 28-1208;
        (hhh)     Unlawful possession of    explosive materials in   the first
   degree, section 28-1215;
                                                  -6-
LB114                                                                                              LB114
                                                                                              2021
        (iii) Unlawful sale of explosives, section 28-1217;
        (jjj) Obtaining an explosives permit through false representations,
    section 28-1219;
        (kkk) Possession of a destructive device, section 28-1220;
       (lll) Threatening the use of explosives or placing a false bomb,
   section 28-1221;
       (mmm)       Using explosives to    damage or   destroy property,     section
   28-1223;
        (nnn) Concealment of death to prevent determination of cause or
    circumstances of death, section 28-1302;
        (ooo) Unauthorized computer access creating grave risk of death,
    section 28-1343.01;
        (ppp) Operation of aircraft while under the influence of alcohol or
    drugs, third or subsequent offense, section 28-1469;
        (qqq) Unlawful paramilitary activities, section 28-1482;
        (rrr)       Violation of   the Sex Offender Registration Act,     section
    29-4011;
        (sss) Placing burning materials or items likely to cause injury on
    highways, third or subsequent offense, section 39-311;
        (ttt) Violation of domestic abuse protection order, section 42-924;
        (uuu) Knowingly and intentionally dispensing alcohol in any manner
    to minors or incompetents resulting in serious bodily injury or death
    caused by   the minors'   consumption or    impaired condition,     section
    53-180.05;
        (vvv) Owner of a dangerous dog which inflicts serious bodily injury,
    second or subsequent offense, section 54-622.01;
       (www) Violation of prohibitions relating to dangerous dogs, section
   54-623;
        (xxx)       Abandonment,      cruel neglect,      or cruel mistreatment of   a
    livestock animal, section 54-903, except for a misdemeanor violation;
       (yyy) Violation of court order not to own or possess a livestock
                                                     -7-
LB114                                                                                         LB114
                                                                                         2021
    animal, section 54-909;
           (zzz) Motor vehicle accident, violation of duty to stop, section
    60-698;
           (aaaa) Driving under the influence with a prior felony conviction
    for driving under the influence, section 60-6,196.01;
           (bbbb) Any offense punishable under section 60-6,197.03, except for
    a Class W misdemeanor;
           (cccc) Operating a motor vehicle during revocation period, section
    60-6,197.06;
           (dddd) Causing serious bodily injury to another person or an unborn
    child while driving under the influence, section 60-6,198;
           (eeee)   Prohibited acts relating to     ignition interlock device,
    section 60-6,211.11;
           (ffff)   Violations regarding children in   foster care,    section
    71-1905;
           (gggg) Violation of Children's Residential Facilities and Placing
    Licensure Act, section 71-1950;
           (hhhh)   Threatening or     attempting to    influence    a member or   an
    employee of the Board of Parole, section 83-198;
           (iiii) Operation of a motor vehicle while under the influence with
    disabled, bypassed, or altered ignition interlock device or without an
    ignition interlock device or permit in violation of Board of Pardons
    order, section 83-1,127.02; and
           (jjjj) Threatening or attempting to influence a member of the Board
    of Pardons, section 83-1,133;
           (3) Qualified offense does not include any offense for which:
           (a) Registration is required under the Sex Offender Registration
    Act;
           (b)   Relief has already been provided under section   29-3523    or
   sections 43-2,108.01 to 43-2,108.05; or
          (c) The penalty has been enhanced under section 29-2221.
                                                 -8-
LB114                                                                                    LB114
                                                                                    2021
        (4) Qualified offense does not include any other offense involving
    as an element of the offense:
        (a) Sexual contact or sexual penetration, as those terms are defined
    in section 28-318; or
        (b) The infliction of serious bodily injury or death.
        (5) Qualified offense does not include:
        (a) Attempt, under section 28-201, to commit any offense excluded
    from the definition of a qualified offense under this section;
       (b) Attempt, under section 28-201, to commit any offense when such
   attempt is punishable as a Class IIIA felony or higher;
        (c) Conspiracy, under section 28-202, to commit any offense excluded
    from the definition of a qualified offense under this section;
        (d) Accessory to felony, under section 28-204, except for accessory
    violations punishable as a Class IV felony or a misdemeanor;
        (e) Aiding consummation of felony, under section 28-205, for any
    felony excluded from the definition of a qualified offense under this
    section; and
        (f)   Aiding or   abetting commission of   an offense,   under section
    28-206, for any offense excluded from the definition of a qualified
    offense under this section.
        Sec. 6.    (1) Beginning January 1, 2022, a person shall automatically
   be eligible for clean slate relief under section 8 of this act for a
   qualified offense that is a misdemeanor if:
       (a) The qualified offense was committed on or after January 1, 2017;
        (b) Such person has not been convicted of, or adjudicated for, a
    misdemeanor or   felony anywhere in   the United States during the
    eligibility period described in subsection (3) of this section; and
        (c) Such person has paid all court-ordered financial obligations
    related to such qual