LB 559 — Provide for offenses relating to skimmer devices and criminal enterprises involving financial offenses

LB559 LB559 2025 LEGISLATURELEGISLATIVE OFBILL NEBRASKA559 ONEApproved HUNDREDby NINTHthe LEGISLATUREGovernor FIRSTMay SESSION20, LEGISLATIVE2025 BILL 559 FINAL READING   Introduced by Bosn, 25;

Read  firstA timeBILL JanuaryFOR 22,AN 2025ACT Committee:relating to crimes and offenses;

Judiciary A BILL FOR AN ACT relating to crimes and offenses;

Be it enacted by the people of the State of Nebraska, -1- LB559 LB559 2025 Section 1.

28-618 For28-618 For purposes of sections 28-618 to 28-630 and sections 3 to 6 of this act:

(6) Expired financial transaction device means shall mean a financial transaction device which is no longer valid because the term -2- LB559 LB559 2025 shown on it has elapsed;

-3- LB559 LB559 2025 (14) Receives or receiving means shall mean acquiring possession or control of or accepting as security for a loan a financial transaction device;

(15) Revoked financial transaction device means shall mean a financial transaction device which is no longer valid because permission to use it has -1- LB559 LB559 2025 been suspended or terminated by the issuer;

(22) (21) To falsely complete a financial transaction device means shall mean to transform an incomplete device into a complete one by adding, inserting, or changing matter without the authority of anyone -4- LB559 LB559 2025 entitled to grant such authority, so that the complete device falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible issuer;

-5- LB559 LB559 2025 (b) A Class IV felony when such value is one thousand five hundred dollars or more but less than five thousand dollars;

(a) Financial transaction offense means any violation of sections 28-618 to 28-630 and sections 3 and 4 of this act for which the -6- LB559 LB559 2025 punishment is a felony;

and -2- LB559 LB559 2025 (b) Leadership position means a position in which a person acts as a principal administrator, organizer, supervisor, or manager or otherwise leads or directs other persons.

or (ii) Had at least ten million dollars in gross receipts during any twelve-monthtwelve- month period of the enterprise's existence.

-7- LB559 LB559 2025 Sec.

 AA person commits the offense of organized retail crime when that person, acting alone or in association with another person, does any of the following:

-8- LB559 LB559 2025 (2) Organizes, supervises, finances, or otherwise manages or assists another person in committing an organized retail crime;

-3- LB559 LB559 2025 (2) A second or subsequent conviction under subdivision (1)(c) of this section shall be a Class IV felony.

(3) For a prior conviction to be used to enhance the penalty under subsection (2) of this section, the prior conviction must have occurred no more than ten years prior to the date of commission of the current -9- LB559 LB559 2025 offense.

(a) The owner or possessor of the property has been convicted of a -10- LB559 LB559 2025 covered offense violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107;

(4)(a) (3) At any time after the filing of the information in district court and prior to final disposition of the criminal case, any person or entity, other than the defendant, with a claimed legal interest in the property may petition to intervene in the district court with jurisdiction over the criminal case for the specific and limited purpose of demonstrating such person's his, her, or its legal interest in the -11- LB559 LB559 2025 property and such person's his, her, or its lack of actual knowledge that such property was derived from, used, or intended to be used to facilitate a covered offense in violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107.

and (b) Either either (i) that such property was acquired by the claimant in good faith and the claimant he, she, or it did not have actual knowledge that such property was derived from, used, or intended to be used to facilitate a covered offense violation of the Child Pornography Prevention Act, subsection -4- LB559 LB559 2025 (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107 or (ii) that the property seized was not derived from, used, or intended to be used to facilitate a covered offense violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107.

The court, on its own -12- LB559 LB559 2025 motion or upon application of the intervening claimant, may appoint counsel to represent the claimant such person if the claimant such person is indigent.

-13- LB559 LB559 2025 (8)(a) (5)(a) The court shall order that any amount or portion of property proven by the state by clear and convincing evidence to be derived from, used, or intended to be used to facilitate a covered offense violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107 be forfeited to the state and disposition of such property be conducted in accordance with this subsection and section 28-1439.02 at such time as the property is no longer required as evidence in any criminal proceeding.

(c) As used in this subsection, official use means use directly in connection with enforcement of the Child Pornography Prevention Act, the Uniform Controlled Substances Act, sections 28-618 to 28-630 and sections -14- LB559 LB559 2025 3 to 6 of this act, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107.

(11) (8) Subdivision (2)(b) (1)(b) of this section does not apply if the owner or possessor of the property dies or is removed from the United States before charges are filed so long as the statute of limitations for a covered offense violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, -5- LB559 LB559 2025 28-1105.01, or 28-1107 has not expired.

(13) (10) If the owner or possessor of the property fails to appear in court as ordered after prosecution for a covered offense violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107 is commenced but appears or is apprehended within twelve months -15- LB559 LB559 2025 after the failure to appear order was issued by the court, the court may order the owner or possessor of the property, as a part of any sentence imposed for either the failure to appear or the conviction for a covered offense of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107, to pay a storage fee of one hundred dollars per month for each month the property was held following the issuance of the failure to appear order.

-16- LB559 LB559 2025 (2) The Financial Fraud Victims' Reimbursement Fund is created.

The fund shall consist of assets forfeited from financial transaction offenses as provided in subdivision (8)(b)(ii)(8)(b) (ii) of section 28-1601.

Original sections 28-618, 28-1601, and 28-1602, Reissue -17- LB559 LB559 2025 Revised Statutes of Nebraska, and section 28-101, Revised Statutes Cumulative Supplement, 2024, are repealed.

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