Prohibit assault on a pharmacist and clarify provisions relating to assault on officers, emergency responde...
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LB 322 — Prohibit assault on a pharmacist and clarify provisions relating to assault on officers, emergency responders, certain employees, and health care professionals
Last action — Indefinitely postponed
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Legislature
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4To Executive
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5Enacted
This bill is in committee in the Legislature. Introduced January 16, 2025. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the Legislature.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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In Committee
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
1 passed, 6 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
641 added · 635 removedPlain-language change summary
The amended Bill LB 322 introduces changes to penalties for crimes against pregnant women, establishing that offenders will face a higher punishment classification. This means if someone commits any listed assaults, such as assault or sexual assault, against a pregnant woman, they could receive a more severe sentence than what is normally prescribed for that crime. This change aims to enhance protections for pregnant individuals and acknowledges the unique vulnerabilities they may face during such offenses. Overall, it signifies a commitment to addressing and responding to violence against pregnant women more seriously.
AM767 AM767 LB322 LB322 2025AJC LEGISLATURE- OF03/21/2025 NEBRASKAAJC ONE- HUNDRED03/21/2025 NINTHAMENDMENTS LEGISLATURETO FIRSTLB322 SESSION LEGISLATIVE BILL 322 Introduced by Clouse,Judiciary. 37;
Hallstrom, 1.
ReadStrike firstthe timeoriginal Januarysections 16,and 2025insert Committee:the following new sections:
JudiciarySection A1. BILL FOR AN ACT relating to crimes and offenses;
to amend section 84-941.01, Reissue Revised Statutes of Nebraska, and sections 28-101, 28-115, 28-929, 28-929.01, 28-929.02, 28-930, 28-931, 28-934, 28-1351, 28-1354, and 29-2221, Revised Statutes Cumulative Supplement, 2024;
to prohibit assault on a pharmacist;
to change and eliminate provisions and penalties relating to offenses involving assault on an officer, emergency responder, certain employees, or a health care professional;
to define and redefine terms;
to harmonize provisions;
to repeal the original sections;
and to outright repeal section 28-931.01, Revised Statutes Cumulative Supplement, 2024.
Be it enacted by the people of the State of Nebraska, -1- LB322 LB322 2025 Section 1.
28-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-1701 and sections 3 to 78 of this act shall be known and may be cited as the Nebraska Criminal Code.
(j) Sexual abuse of an inmate or parolee in the second degree, -1- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 section 28-322.03;
-2- LB322 LB322 2025 (n) Assault on a public safety officer, health care professional, or pharmacist in the first degree, section 4 of this act;
(2) The enhancement in subsection (1) of this section does not apply -2- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 to any criminal offense listed in subsection (1) of this section that is already punishable as a Class I, IA, or IB felony.
-3- LB322 LB322 2025 Sec.
28-929.01 For purposes of sections 3 to 78 of this act 28-929, 28-929.02, 28-930, 28-931, and 28-931.01:
(2) Health care professional meansmeans: a physician or other health care practitioner who is licensed, certified, or registered to perform specified health services consistent with state law who practices at a hospital or a health clinic;
(a) A a physician or other health care practitioner who is licensed, certified, or registered to perform specified health services consistent with state law who practices at a hospital or a health clinic;
or (b) Any other employee of a hospital or health clinic;
or -3- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 (f) An employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act.
28-929 (1) A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of -4- LB322 LB322 2025 Health and Human Services employee, or a public safety officer, health care professional, or pharmacist in the first degree if such person intentionally or knowingly causes serious bodily injury to a:
(2) A violation of this section is Assault on an officer, an emergency responder, a state correctional employee, a Department of -4- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 Health and Human Services employee, or a health care professional in the first degree shall be a Class ID felony.
28-930 (1) A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a public safety officer, health -5- LB322 LB322 2025 care professional, or pharmacist in the second degree if such person:
(A) To a peace officer, a probation officer, a firefighter, an emergency care provider, or an employee of the Department of Correctional -5- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 Services;
and (b) The offense is committed while such officer, firefighter, emergency care provider, or employee is engaged in the performance of his -6- LB322 LB322 2025 or her official duties or while the health care professional is on duty at a hospital or a health clinic.
-6- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 (ii) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act;
and (b) The offense is committed while such officer, firefighter, emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty -7- LB322 LB322 2025 at a hospital or a health clinic.
(3) A violation of this section Assault with a bodily fluid against -7- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 a public safety officer is a Class IIIA felony if the person committing the offense strikes with a bodily fluid the eyes, mouth, or skin of a public safety officer, health care professional, or pharmacist and knew the source of the bodily fluid was infected with the human immunodeficiency virus, hepatitis B, or hepatitis C at the time the offense was committed.
(4) Upon a showing of probable cause by affidavit to a judge of this -8- LB322 LB322 2025 state that an offense under as defined in subsection (1) of this section has been committed and that identifies the probable source of the bodily fluid or bodily fluids used to commit the offense, the judge shall grant an order or issue a search warrant authorizing the collection of any evidence, including any bodily fluid or medical records or the performance of any medical or scientific testing or analysis, that may assist with the determination of whether or not the person committing the offense or the person from whom the person committing the offense obtained the bodily fluid or bodily fluids is infected with the human immunodeficiency virus, hepatitis B, or hepatitis C.
an employee of the secure -8- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 (ii) Secure youth confinement facility operated by the Department of Correctional Services, if the person committing the offense is committed to such facility;
or an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender -9- LB322 LB322 2025 Commitment Act.
28-1351 (1) A person commits the offense of unlawful membership recruitment into an organization or association when he or she knowingly and intentionally coerces, intimidates, threatens, or inflicts bodily harm upon another person in order to entice that other person to join or -9- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 prevent that other person from leaving any organization, group, enterprise, or association whose members, individually or collectively, engage in or have engaged in any of the following criminal acts for the benefit of, at the direction of, or on behalf of the organization, group, enterprise, or association or any of its members:
(b) Arson in the first, second, or third degree under section -10- LB322 LB322 2025 28-502, 28-503, or 28-504, respectively;
-10- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 (n) Any forgery offense under sections 28-602 to 28-605;
-11- LB322 LB322 2025 (r) Pandering under section 28-802;
(2) Pattern of racketeering activity means a cumulative loss for one or more victims or gains for the enterprise of not less than one thousand five hundred dollars resulting from at least two acts of racketeering activity, one of which occurred after August 30, 2009, and the last of which occurred within ten years, excluding any period of imprisonment, -11- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 after the commission of a prior act of racketeering activity;
-12- LB322 LB322 2025 (4) Prosecutor includes the Attorney General of the State of Nebraska, the deputy attorney general, assistant attorneys general, a county attorney, a deputy county attorney, or any person so designated by the Attorney General, a county attorney, or a court of the state to carry out the powers conferred by the act;
-12- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 possession of money used or intended to be used to facilitate a violation of subsection (1) of section 28-416 prohibited under subsection (17) of section 28-416;
Show all 56 changed lines (16 more)
and possession of ephedrine, -13- LB322 LB322 2025 pseudoephedrine, or phenylpropanolamine with the intent to manufacture methamphetamine under section 28-452;
criminal possession of a financial transaction device under section -13- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 28-621;
unlawful manufacture of a financial transaction -14- LB322 LB322 2025 device under section 28-627;
and assault on an officer, an emergency -14- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle under section 28-931.01;
-15- LB322 LB322 2025 (g) Offenses relating to firearms, weapons, and explosives which include:
and using explosives to kill or injure any person -15- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 under section 28-1224;
-16- LB322 LB322 2025 keeping a place of prostitution under section 28-804;
29-2221 (1) Whoever has been twice convicted of a crime, sentenced, and committed to prison, in this or any other state or by the United States or once in this state and once at least in any other state or by the United States, for terms of not less than one year each shall, upon -16- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 conviction of a felony committed in this state, be deemed to be a habitual criminal and shall be punished by imprisonment in a Department of Correctional Services adult correctional facility for a mandatory minimum term of ten years and a maximum term of not more than sixty years, except that:
(a) If the felony committed is in violation of section 28-303, 28-304, 28-308, 28-313, 28-319, 28-319.01, 28-502, 28-929, or 28-1222 or -17- LB322 LB322 2025 section 4 of this act, and at least one of the habitual criminal's prior felony convictions was for a violation of one of the sections listed in this subdivision or of a similar statute in another state or of the United States, the mandatory minimum term shall be twenty-five years and the maximum term not more than sixty years;
and (d) If a greater punishment is otherwise provided by statute, the -17- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 law creating the greater punishment shall govern.
If -18- LB322 LB322 2025 the accused is convicted of a felony, before sentence is imposed a hearing shall be had before the court alone as to whether such person has been previously convicted of prior felonies.
-18- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 (5) Assault in the first or second degree as provided in sections 28-308 and 28-309;
(10) A sexual act subject to criminal penalties as provided in -19- LB322 LB322 2025 sections 28-317 to 28-322.05;
-19- AM767 AM767 LB322 LB322 AJC - 03/21/2025 AJC - 03/21/2025 (24) Assault on a public safety officer, health care professional, or pharmacist in the third degree, section 6 of this act;
-20- LB322 LB322 2025 (25) (26) An offense that has as an element the threat to inflict serious bodily injury as defined in section 28-109 or death on another person, the intentional infliction of serious bodily injury as defined in section 28-109 on another person, or intentionally causing the death of another person;
-21--20-
Show all 56 changed rows (16 more)
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill amends existing law regarding the Nebraska Criminal Code and the penalties for assaulting certain individuals, particularly in relation to crimes against pregnant women and public safety professionals.
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Section 28-115
Assault on a public safety officer, health care professional, or pharmacist in the third degree, section 28-931;→ Assault on a public safety officer, health care professional, or pharmacist in the third degree, section 6 of this act;It updates the reference to the assault classifications for public safety officers and healthcare professionals.
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Section 28-115
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 first degree shall be a Class ID felony.→ 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 first degree shall be a Class ID felony.It reaffirms the classification of the offense as a Class ID felony.
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Section 28-929
A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a public safety officer, health care professional, or pharmacist in the first degree if such person intentionally or knowingly causes serious bodily injury to a:→ A person commits the offense of 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 first degree if such person intentionally or knowingly causes serious bodily injury to a:It simplifies the definition by maintaining a consistent structure for the offenses.
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Section 28-930
A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a public safety officer, health care professional, or pharmacist in the second degree if such person:→ A person commits the offense of 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 second degree if such person:It standardizes the language used for the definition of this offense.
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Section 28-931
A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a public safety officer, health care professional, or pharmacist in the third degree if such person intentionally, knowingly, or recklessly causes bodily injury to a:→ A person commits the offense of 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 if such person intentionally, knowingly, or recklessly causes bodily injury to a:It refines the statutory language to improve clarity regarding the third-degree assault definition.
Action History
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Indefinitely postponed
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Title printed. Carryover bill
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Provisions/portions of LB26 amended into LB322 by AM767
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Ballard AM1142 filed
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Placed on Select File
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DeBoer MO107 failed
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McKinney MO181 Reconsider the vote taken on MO107 filed
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Clouse MO182 Invoke cloture pursuant to Rule 7, Sec. 10 filed
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Clouse MO182 prevailed
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McKinney MO181 failed
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Judiciary AM767 adopted
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Advanced to Enrollment and Review Initial
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Hallstrom AM1095 filed
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Hallstrom AM1092 filed
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DeBoer MO106 pending
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DeBoer MO106 failed
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DeBoer MO180 Reconsider the vote taken on MO106 filed
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DeBoer MO180 pending
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DeBoer MO180 failed
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Judiciary AM767 pending
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DeBoer MO107 pending
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Judiciary AM767 pending
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DeBoer MO107 pending
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Ballard AM991 to AM767 filed
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Placed on General File with AM767
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Judiciary AM767 filed
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DeBoer FA60 filed
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DeBoer FA61 filed
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DeBoer FA62 filed
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DeBoer FA63 filed
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DeBoer MO106 Indefinitely postpone pursuant to Rule 6, Sec. 3(f) filed
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DeBoer MO107 Bracket until June 9, 2025 filed
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DeBoer MO108 Recommit to the Judiciary Committee filed
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Clouse priority bill
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Notice of hearing for February 12, 2025
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Referred to Judiciary Committee
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Date of introduction
Sponsors
- Stan Clouse · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 48 not signed on · 43 voted No
Sponsors (1)
- Stan Clouse Voted No
Co-sponsors (0)
None.
Not signed on (48)
48 members have not signed on to this bill.
Show all 48 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 8 | 0 | 8 |
| Total | 33 | 8 | 0 | 8 |
| % of votes cast | 67% | 16% | 0% | 16% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 36 | 8 | 0 | 5 |
| Total | 36 | 8 | 0 | 5 |
| % of votes cast | 73% | 16% | 0% | 10% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 36 | 0 | 4 |
| Total | 9 | 36 | 0 | 4 |
| % of votes cast | 18% | 73% | 0% | 8% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 36 | 0 | 7 |
| Total | 6 | 36 | 0 | 7 |
| % of votes cast | 12% | 73% | 0% | 14% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 8 | 0 | 4 |
| Total | 37 | 8 | 0 | 4 |
| % of votes cast | 76% | 16% | 0% | 8% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 33 | 0 | 8 |
| Total | 8 | 33 | 0 | 8 |
| % of votes cast | 16% | 67% | 0% | 16% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 34 | 0 | 8 |
| Total | 7 | 34 | 0 | 8 |
| % of votes cast | 14% | 69% | 0% | 16% |
How each member voted (49)
Subjects
Frequently asked questions
- Who sponsors LB 322?
- LB 322 is sponsored by Stan Clouse.
- What is the current status of LB 322?
- This bill is in committee in the Legislature. Introduced January 16, 2025. It must pass committee before a floor vote.
- Where can I track LB 322?
- Track LB 322 free on One Click Politics — get push/email alerts when it moves.
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