LB551 LB551
2021 2021
LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 551
Introduced by Wayne, 13.
Read first time January 19, 2021
Committee: Judiciary
1 A BILL FOR AN ACT relating to law enforcement; to amend sections 48-147,
2 48-2709, 81-1403, 81-1407, 81-1412.02, and 81-1414, Reissue Revised
3 Statutes of Nebraska, and sections 23-1701.01, 29-2264, 48-115,
4 48-126.01, 48-145, 81-1401, 81-1414.07, 81-1456, and 81-1457,
5 Revised Statutes Cumulative Supplement, 2020; to define and redefine
6 terms; to change provisions relating to annual and initial training
7 for law enforcement officers; to change membership of the Nebraska
8 Police Standards Advisory Council; to provide for certification of
9 persons certified as law enforcement officers in other states; to
10 change provisions relating to law enforcement officer certification;
11 to provide for policies and requirements for investigating law
12 enforcement officer misconduct; to require law enforcement agencies
13 to maintain records regarding officer discipline; to make certain
14 records relating to law enforcement officers public; to create a
15 public data base; to provide duties for the Nebraska Commission on
16 Law Enforcement and Criminal Justice; to prohibit chokeholds as
17 prescribed; to require policies on excessive force and a duty to
18 intervene; to require accreditation of law enforcement agencies; to
19 create a fund; to eliminate provisions regarding law enforcement
20 reserve forces; to harmonize provisions; to repeal the original
21 sections; and to outright repeal sections 81-1438, 81-1439, 81-1440,
22 81-1441, 81-1442, 81-1443, 81-1444, 81-1445, and 81-1446, Reissue
23 Revised Statutes of Nebraska.
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1 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 23-1701.01, Revised Statutes Cumulative
2 Supplement, 2020, is amended to read:
3 23-1701.01 (1) Any candidate for the office of sheriff who does not
4 have a law enforcement officer certificate or diploma issued by the
5 Nebraska Commission on Law Enforcement and Criminal Justice shall submit
6 with the candidate filing form required by section 32-607 a standardized
7 letter issued by the director of the Nebraska Law Enforcement Training
8 Center certifying that the candidate has:
9 (a) Within one calendar year prior to the deadline for filing the
10 candidate filing form, passed a background investigation performed by the
11 Nebraska Law Enforcement Training Center based on a check of his or her
12 criminal history record information maintained by the Federal Bureau of
13 Investigation through the Nebraska State Patrol. The candidate who has
14 not passed a background investigation shall apply for the background
15 investigation at least thirty days prior to the filing deadline for the
16 candidate filing form; and
17 (b) Received a minimum combined score on the reading comprehension
18 and English language portions of an adult basic education examination
19 designated by the Nebraska Law Enforcement Training Center.
20 (2) Each sheriff shall attend the Nebraska Law Enforcement Training
21 Center and receive a certificate attesting to satisfactory completion of
22 the Sheriff's Certification Course within eight months after taking
23 office unless such sheriff has already been awarded a certificate by the
24 Nebraska Commission on Law Enforcement and Criminal Justice attesting to
25 satisfactory completion of such course or unless such sheriff can
26 demonstrate to the Nebraska Police Standards Advisory Council that his or
27 her previous training and education is such that he or she will
28 professionally discharge the duties of the office. Any sheriff in office
29 prior to July 19, 1980, shall not be required to obtain a certificate
30 attesting to satisfactory completion of the Sheriff's Certification
31 Course but shall otherwise be subject to this section.
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1 (3) Each Notwithstanding sections 81-1401 to 81-1414.10, each
2 sheriff shall attend forty twenty hours of continuing education as
3 provided in section 81-1414.07 in criminal justice and law enforcement
4 courses and at least two hours of anti-bias and implicit bias training
5 designed to minimize apparent or actual racial profiling approved by the
6 council each year following the first year of such sheriff's term of
7 office. Such continuing education shall be offered through seminars,
8 advanced education which may include college or university classes,
9 conferences, instruction conducted within the sheriff's office, or
10 instruction conducted over the Internet, except that instruction
11 conducted over the Internet shall be limited to ten hours annually, and
12 shall be of a type which has application to and seeks to maintain and
13 improve the skills of the sheriffs in carrying out the responsibilities
14 of their office.
15 (4) Unless (3) Notwithstanding section 81-1403, unless a sheriff is
16 able to show good cause for not complying with subsection (2) or (3) of
17 this section or obtains a waiver of the training requirements from the
18 council, any sheriff who violates subsection (2) or (3) of this section
19 shall be punished by a fine equal to such sheriff's monthly salary. Each
20 month in which such violation occurs shall constitute a separate offense.
21 Sec. 2. Section 29-2264, Revised Statutes Cumulative Supplement,
22 2020, is amended to read:
23 29-2264 (1) Whenever any person is placed on probation by a court
24 and satisfactorily completes the conditions of his or her probation for
25 the entire period or is discharged from probation prior to the
26 termination of the period of probation, the sentencing court shall issue
27 an order releasing the offender from probation. Such order in all felony
28 cases shall provide notice that the person's voting rights are restored
29 two years after completion of probation. The order shall include
30 information on restoring other civil rights through the pardon process,
31 including application to and hearing by the Board of Pardons.
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1 (2) Whenever any person is convicted of an offense and is placed on
2 probation by the court, is sentenced to a fine only, or is sentenced to
3 community service, he or she may, after satisfactory fulfillment of the
4 conditions of probation for the entire period or after discharge from
5 probation prior to the termination of the period of probation and after
6 payment of any fine and completion of any community service, petition the
7 sentencing court to set aside the conviction.
8 (3)(a) Except as provided in subdivision (3)(b) of this section,
9 whenever any person is convicted of an offense and is sentenced other
10 than as provided in subsection (2) of this section, but is not sentenced
11 to a term of imprisonment of more than one year, such person may, after
12 completion of his or her sentence, petition the sentencing court to set
13 aside the conviction.
14 (b) A petition under subdivision (3)(a) of this section shall be
15 denied if filed:
16 (i) By any person with a criminal charge pending in any court in the
17 United States or in any other country;
18 (ii) During any period in which the person is required to register
19 under the Sex Offender Registration Act;
20 (iii) For any misdemeanor or felony motor vehicle offense under
21 section 28-306 or the Nebraska Rules of the Road; or
22 (iv) Within two years after a denial of a petition to set aside a
23 conviction under this subsection.
24 (4) In determining whether to set aside the conviction, the court
25 shall consider:
26 (a) The behavior of the offender after sentencing;
27 (b) The likelihood that the offender will not engage in further
28 criminal activity; and
29 (c) Any other information the court considers relevant.
30 (5) The court may grant the offender's petition and issue an order
31 setting aside the conviction when in the opinion of the court the order
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1 will be in the best interest of the offender and consistent with the
2 public welfare. The order shall:
3 (a) Nullify the conviction;
4 (b) Remove all civil disabilities and disqualifications imposed as a
5 result of the conviction; and
6 (c) Notify the offender that he or she should consult with an
7 attorney regarding the effect of the order, if any, on the offender's
8 ability to possess a firearm under state or federal law.
9 (6) The setting aside of a conviction in accordance with the
10 Nebraska Probation Administration Act shall not:
11 (a) Require the reinstatement of any office, employment, or position
12 which was previously held and lost or forfeited as a result of the
13 conviction;
14 (b) Preclude proof of a plea of guilty whenever such plea is
15 relevant to the determination of an issue involving the rights or
16 liabilities of someone other than the offender;
17 (c) Preclude proof of the conviction as evidence of the commission
18 of the offense whenever the fact of its commission is relevant for the
19 purpose of impeaching the offender as a witness, except that the order
20 setting aside the conviction may be introduced in evidence;
21 (d) Preclude use of the conviction for the purpose of determining
22 sentence on any subsequent conviction of a criminal offense;
23 (e) Preclude the proof of the conviction as evidence of the
24 commission of the offense in the event an offender is charged with a
25 subsequent offense and the penalty provided by law is increased if the
26 prior conviction is proved;
27 (f) Preclude the proof of the conviction to determine whether an
28 offender is eligible to have a subsequent conviction set aside in
29 accordance with the Nebraska Probation Administration Act;
30 (g) Preclude use of the conviction as evidence of commission of the
31 offense for purposes of determining whether an application filed or a
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1 license issued under sections 71-1901 to 71-1906.01, the Child Care
2 Licensing Act, or the Children's Residential Facilities and Placing
3 Licensure Act or a certificate issued under sections 79-806 to 79-815
4 should be denied, suspended, or revoked;
5 (h) Preclude use of the conviction as evidence of serious misconduct
6 or incompetence, neglect of duty, physical, mental, or emotional
7 incapacity, or final conviction of or pleading guilty or nolo contendere
8 to a felony or misdemeanor for purposes of determining whether an
9 application filed or a certificate issued under sections 81-1401 to
10 81-1414.10 and sections 11, 14 to 16, and 18 to 22 of this act should be
11 denied, suspended, or revoked;
12 (i) Preclude proof of the conviction as evidence whenever the fact
13 of the conviction is relevant to a determination of the registration
14 period under section 29-4005;
15 (j) Relieve a person who is convicted of an offense for which
16 registration is required under the Sex Offender Registration Act of the
17 duty to register and to comply with the terms of the act;
18 (k) Preclude use of the conviction for purposes of section 28-1206;
19 (l) Affect the right of a victim of a crime to prosecute or defend a
20 civil action;
21 (m) Affect the assessment or accumulation of points under section
22 60-4,182; or
23 (n) Affect eligibility for, or obligations relating to, a commercial
24 driver's license.
25 (7) For purposes of this section, offense means any violation of the
26 criminal laws of this state or any political subdivision of this state
27 including, but not limited to, any felony, misdemeanor, infraction,
28 traffic infraction, violation of a city or village ordinance, or
29 violation of a county resolution.
30 (8) Except as otherwise provided for the notice in subsection (1) of
31 this section, changes made to this section by Laws 2005, LB 713, shall be
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1 retroactive in application and shall apply to all persons, otherwise
2 eligible in accordance with the provisions of this section, whether
3 convicted prior to, on, or subsequent to September 4, 2005.
4 (9) The changes made to this section by Laws 2018, LB146, and Laws
5 2020, LB881, shall apply to all persons otherwise eligible under this
6 section, without regard to the date of the conviction sought to be set
7 aside.
8 Sec. 3. Section 48-115, Revised Statutes Cumulative Supplement,
9 2020, is amended to read:
10 48-115 The terms employee and worker are used interchangeably and
11 have the same meaning throughout the Nebraska Workers' Compensation Act.
12 Such terms include the plural and all ages and both sexes. For purposes
13 of the act, employee or worker shall be construed to mean:
14 (1) Every person in the service of the state or of any governmental
15 agency created by it, including the Nebraska National Guard and members
16 of the military forces of the State of Nebraska, under any appointment or
17 contract of hire, expressed or implied, oral or written;
18 (2) Every person in the service of an employer who is engaged in any
19 trade, occupation, business, or profession as described in section 48-106
20 under any contract of hire, expressed or implied, oral or written,
21 including aliens and also including minors. Minors for the purpose of
22 making election of remedies under the Nebraska Workers' Compensation Act
23 shall have the same power of contracting and electing as adult employees.
24 As used in subdivisions (1) through (10) (11) of this section, the
25 terms employee and worker shall not be construed to include any person
26 whose employment is not in the usual course of the trade, business,
27 profession, or occupation of his or her employer.
28 If an employee subject to the Nebraska Workers' Compensation Act
29 suffers an injury on account of which he or she or, in the event of his
30 or her death, his or her dependents would otherwise have been entitled to
31 the benefits provided by such act, the employee or, in the event of his
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1 or her death, his or her dependents shall be entitled to the benefits
2 provided under such act, if the injury or injury resulting in death
3 occurred within this state, or if at the time of such injury (a) the
4 employment was principally localized within this state, (b) the employer
5 was performing work within this state, or (c) the contract of hire was
6 made within this state;
7 (3) Volunteer firefighters of any fire department of any rural or
8