Nebraska 109th Legislature (2025-2026) Status: In Committee

LB 206 — Provide enhanced penalties for certain offenses committed in a disaster area during an emergency period

Last action — Indefinitely postponed

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Legislature
  4. 4
    To Executive
  5. 5
    Enacted

This bill is in committee in the Legislature. Introduced January 14, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Legislature.

Prognosis

Stalled 14% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes enhanced penalties for certain offenses committed in declared disaster areas during emergency periods in Nebraska.

  • Section 28-101

    Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-1701 and section 2 of this act shall be known and may be cited as the Nebraska Criminal Code.

    The citation of the Nebraska Criminal Code is updated to include the new provisions.

  • Section 28-101

    (1) For purposes of this section: (a) Covered offense means: (i) Assault in the first degree, assault in the second degree, or assault by strangulation or suffocation under section 28-308, 28-309, or 28-310.01; (ii) Assault in the third degree under section 28-310 if punishable as a Class I misdemeanor; (iii) Robbery under section 28-324; (iv) Arson in the first, second, or third degree under section 28-502, 28-503, or 28-504; (v) Burning to defraud an insurer under section 28-505; (vi) Burglary under section 28-507; (vii) Theft under sections 28-509 to 28-518; (viii) Criminal mischief under section 28-519; (ix) Criminal trespass in the first or second degree under section 28-520 or 28-521; and (x) Attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding a felony with any of the other offenses listed in subdivision (1)(a) of this section as the underlying offense;

    Defines 'covered offense' for enhanced penalty provisions.

  • Section 28-101

    (b) Disaster area means an area that is subject to any of the following: (i) An emergency proclamation by the Governor pursuant to section 81-829.40; (ii) A local emergency declaration under section 81-829.50; (iii) A major disaster or emergency area declaration by the President of the United States pursuant to 42 U.S.C. 5121 et seq,; (iv) A mandatory evacuation order declared by the proper local, state, or federal official;

    Defines 'disaster area' for the purposes of enhanced penalties.

  • Section 28-101

    (c) Emergency period means the period of time that a proclamation, a declaration, or an order described in subdivision (1)(b) of this section is in effect. If no end date for the proclamation, declaration, or order is provided by its terms or otherwise provided for by law, the emergency period shall be deemed to end thirty days after the date the proclamation, declaration, or order was issued.

    Defines 'emergency period' for the application of enhanced penalties.

  • Section 28-101

    (2) Any person who commits a covered offense in a disaster area during an emergency period shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the covered offense.

    Establishes consequence of committing a covered offense in a disaster area.

  • Section 28-101

    (3) If an offense is punishable as a Class I misdemeanor, the enhanced penalty under this section is a Class IV felony.

    Provides for specific enhanced penalties for Class I misdemeanors during emergencies.

  • Section 28-101

    (4) The allegations supporting an enhancement under this section shall be set forth in the indictment or information, and it shall be the burden of the prosecuting attorney to prove such allegations beyond a reasonable doubt to the judge or jury in the state's case in chief.

    Clarifies the burden of proof for enhanced penalties under this bill.

  • Section 28-101

    Original section 28-101, Revised Statutes Cumulative Supplement, 2024, is repealed.

    Repeals the original section 28-101, indicating an overhaul of this section.

Action History

  1. Indefinitely postponed

  2. Title printed. Carryover bill

  3. Notice of hearing for February 12, 2025

  4. Referred to Judiciary Committee

  5. Date of introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 48 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (48)

48 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors LB 206?
LB 206 is sponsored by R. Brad von Gillern.
What is the current status of LB 206?
This bill is in committee in the Legislature. Introduced January 14, 2025. It must pass committee before a floor vote.
Where can I track LB 206?
Track LB 206 free on One Click Politics — get push/email alerts when it moves.

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