Bill would expand who may give victim‑impact statements and when they are notified
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Sen. Carolyn Boson told the committee LB 11 81 broadens the definition of homicide victim for victim‑impact statements, ensures victims can deliver statements at sentencing (written or read aloud), and requires notice and opportunity to be heard for bond modifications in domestic‑violence cases; defense counsel urged limits around witness sequestration.
Sen. Carolyn Boson introduced LB 11 81 to consolidate and update the state Victim's Bill of Rights. The bill would broaden the statutory definition of “homicide victim” to include persons who suffer severe emotional harm as a result of a death, clarify and protect victims’ rights to provide impact statements at sentencing (either in writing or read aloud at the victim’s choice), and give domestic‑violence victims notice and an opportunity to submit written comment when a bond modification motion is filed.
Supporters from the Attorney General’s Office, victim‑witness advocates and the Nebraska Coalition for domestic and sexual violence described gaps in the existing statute that prevented certain family members and others who suffered severe emotional harm from participating in sentencing. Several witnesses said allowing victims to read oral statements is an important part of healing. Members of affected families gave testimony about being excluded under current law and urged the change.
Defense counsel raised concerns about proposing broad changes to sequestration of subpoenaed witnesses: allowing victims who might also be witnesses to observe the rest of trial testimony could risk influencing their later testimony and compromise the defendant’s right to a fair trial. The defense proposed alternatives such as virtual viewing arrangements to allow victims to observe proceedings without being physically present in the courtroom. The sponsor acknowledged those concerns and said she would work with stakeholders on narrow language and possible amendments to balance victims’ rights and defendants’ fair‑trial protections.
No committee vote was taken in the hearing; the sponsor and stakeholders plan follow‑up discussions on sequestration language, fiscal questions related to expanded eligibility for Crime Victims Reparations counseling claims, and other technical edits.
