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Lawmakers weigh tougher penalties, out-of-state enhancements for domestic assault
Summary
LB818 would raise penalties for first- and second-degree domestic assault, add recklessness as an offense element and allow out-of-state convictions to enhance Nebraska sentences; prosecutors and the attorney general's office said the change would close a statutory gap that gives non-DV assaults stiffer penalties than comparable domestic offenses.
Lincoln — Sen. Tanya Storer said LB818 updates Nebraska's domestic-assault statutes to reflect the seriousness of strangulation, reckless conduct causing injury, and repeat offending, and to allow prior out-of-state convictions to enhance sentences.
"This bill increases penalties for domestic assault so that they are aligned with comparable non-domestic assault offenses," Storer said, arguing current law can impose lower penalties for intimate-partner violence than for comparable assaults on strangers.
Prosecutors and the attorney general's office supported the bill. Jennifer Meckna of the Nebraska County Attorneys Association and Assistant Attorney General George Welch said increasing statutory penalties and allowing out-of-state convictions to count for enhancement would help hold repeat offenders accountable and better protect survivors. Welch noted the Domestic Abuse Death Review Teamʼs findings and urged alignment of domestic-assault penalties with the seriousness of the conduct.
Supporters stressed that the bill is designed to close a long-standing statutory disparity. Witnesses also described a community safety assessment process and prior reforms that informed the bill and said an amendment circulated to the committee addressed technical concerns raised during drafting and stakeholder conversations.
Committee members discussed prosecutorial discretion and plea negotiation dynamics; proponents said prosecutors retain charging choices but that baseline penalties should reflect the risks posed by domestic violence and strangulation.
