2 weeks Ago
A bill to increase the penalty for assaulting a pharmacist or any employee in a hospital or health clinic in Nebraska advanced from its first round of voting in the Legislature on Wednesday after an eight-hour filibuster that stretched over two days. Senators disagreed over the preventative effects of LB322. Supporters said it would help to keep health care workers safe and feel more secure.
Opponents said it is already a crime to assault anyone and the bill set a harsh penalty that would put more people in prison. Despite the lengthy debate, the bill passed its first of three rounds of voting by a comfortable margin. An existing law makes assaulting health care professionals like doctors and nurses a felony, but it excludes pharmacists.
State Sen. Stanley Clouse of Kearney said the Nebraska Pharmacists Association brought the bill to him to bring their profession in line with others in the health field. The Legislature's Judiciary Committee amended the bill to include all employees in a hospital or clinic, regardless if they're a health care worker.
People are also reading...
Sen. Beau Ballard of Lincoln authored the amendment and said the legislation isn't the silver bullet to fix all issues in health care, particularly challenges with staffing, but it would help. He said health care workers make up about 10% of the working population but are the victims of almost half the instances of workplace violence.
"This bill is about accountability for offenders and protections for the community and public," Sen. Carolyn Bosn of Lincoln said. Bosn Sen.
Wendy DeBoer of Bennington led the effort to halt the bill's progress. She said a new law won't affect a person's behavior in the heat of the moment because only lawyers would be aware of the change or the different penalties between a misdemeanor and felony. She and other senators said the people becoming agitated while receiving care or trying to get medicine are often not in the right state of mind.
Wendy DeBoer The bill "only serves to make someone feel protected without protecting them," Sen. John Cavanaugh of Omaha said. He said the measure expanded the state's ability to incarcerate people.
Sen. George Dungan of Lincoln said the existing misdemeanor penalty for assault is significant, carrying up to a year in jail and a fine of $1,000. Senators argued that harsher penalties would exacerbate prison-crowding issues and ultimately cost taxpayers.
DeBoer at one point offered to end the filibuster if other senators would work with her on the amendment to include all hospital or clinic employees, which she said was overly broad legislation. Other senators didn't oblige. Bosn said those arguments were a distraction from the dangers that health care workers face.
The vote was the first of three for the bill. The second round will include debate over proposed amendments to address concerns about how harsher penalties may affect people with intellectual and developmental disabilities (IDD) and autism. Edison McDonald, director of the advocacy group Arc of Nebraska, advised senators in a letter that the bill may unintentionally criminalize those individuals along with people with mental health conditions.
"Many individuals with IDD experience behavioral, sensory or communication challenges that can result in involuntary or misinterpreted actions, particularly during moments of distress or crisis. These behaviors are often a function of disability, not criminal intent," McDonald wrote. Sen.
Robert Hallstrom of Syracuse introduced amendments to establish affirmative defense for people with IDD or autism. Affirmative defense is evidence presented in court that could negate liability for an action, like a person claiming self-defense when charged with a violent crime. Still, a defendant or their attorney would have to convince the judge or jury that the defense justified the defendant's actions.
Dungan, a public defender, noted the amendments leave out mental illness and said prosecutors will still challenge affirmative defense. McDonald asked senators to add clearer definitions for disabilities and to exclude facilities that serve people with IDDs from the bill. He also asked senators to discuss if affirmative defense is the best tool to make sure people with IDDs are not criminalized in the bill and to explore de-escalation training for health care workers.
Meet Nebraska state senators making laws in 2025 District 49 Bob Andersen Omaha Elected 2024 402-471-2725 [email protected] District 14 John Arch La Vista Elected 2018, 2022 402-471-2730 jarch@leg.
ne.gov District 18 Christy Armendariz Omaha Elected 2022 402-471-2618 [email protected].
gov District 21 Beau Ballard Lincoln Appointed 2023, elected 2024 402-471-2673 [email protected] District 25 Carolyn Bosn Lincoln Appointed 2023, elected 2024 402-471-2731 cbosn@leg.
ne.gov District 29 Eliot Bostar Lincoln Elected 2020, 2024 402-471-2734 [email protected].
gov District 32 Tom Brandt Plymouth Elected 2018, 2022 402-471-2711 [email protected] District 9 John Cavanaugh Omaha Elected 2020, 2024 402-471-2723 jcavanaugh@leg.
ne.gov District 6 Machaela Cavanaugh Omaha Elected 2018, 2022 402-471-2714 [email protected].
gov District 2 Robert Clements Elmwood Appt. 2017, elected 2018, 2022 402-471-2613 [email protected].
gov District 37 Stanley Clouse Kearney Elected 2024 402-471-2726 [email protected] District 46 Danielle Conrad Lincoln Elected 2022 402-471-2720 dconrad@leg.
ne.gov District 10 Wendy DeBoer Bennington Elected 2018, 2022 402-471-2718 [email protected].
gov District 40 Barry DeKay Niobrara Elected 2022 402-471-2801 [email protected] District 30 Myron Dorn Adams Elected 2018, 2022 402-471-2620 mdorn@leg.
ne.gov District 19 Robert Dover Norfolk Appointed 2022, elected 2024 402-471-2929 [email protected].
gov District 26 George Dungan Lincoln Elected 2022 402-471-2610 [email protected] District 20 John Fredrickson Omaha Elected 2022 402-471-2622 jfredrickson@leg.
ne.gov District 7 Dunixi Guereca Omaha Elected 2024 402-471-2721 [email protected].
gov District 1 Bob Hallstrom Syracuse Elected 2024 402-471-2733 [email protected] District 16 Ben Hansen Blair Elected 2018, 2022 402-471-2728 bhansen@leg.
ne.gov District 48 Brian Hardin Gering Elected 2022 402-471-2802 [email protected].
gov District 36 Rick Holdcroft Bellevue Elected 2022 402-471-2642 [email protected] District 24 Jana Hughes Seward Elected 2022 402-471-2756 jhughes@leg.
ne.gov District 8 Megan Hunt Omaha Elected 2018, 2022 402-471-2722 [email protected].
gov District 44 Teresa Ibach Sumner Elected 2022 402-471-2805 [email protected] District 42 Mike Jacobson North Platte Appt.
2022, elected 2022 402-471-2729 [email protected] District 5 Margo Juarez Omaha Elected 2024 402-471-2710 mjuarez@leg.
ne.gov District 31 Kathleen Kauth Omaha Appt. 2022, elected 2022, 2024 402-471-2327 kkauth@leg.
ne.gov District 34 Loren Lippincott Central City Elected 2022 402-471-2630 [email protected].
gov District 33 Dan Lonowski Hastings Elected 2024 402-471-2712 [email protected] District 41 Dan McKeon Amherst Elected 2024 402-471-2885 dmckeon@leg.
ne.gov District 11 Terrell McKinney Omaha Elected 2020, 2024 402-471-2612 [email protected].
gov District 17 Glen Meyer Pender Elected 2024 402-471-2716 [email protected] District 22 Mike Moser Columbus Elected 2018, 2022 402-471-2715 mmoser@leg.
ne.gov District 38 Dave Murman Glenvil Elected 2018, 2022 402-471-2732 [email protected].
gov District 27 Jason Prokop Lincoln Elected 2024 402-471-2632 [email protected] District 35 Dan Quick Grand Island Elected 2024 402-471-2617 dquick@leg.
ne.gov District 28 Jane Raybould Lincoln Elected 2022 402-471-2633 [email protected].
gov District 12 Merv Riepe Ralston Elected 2022 402-471-2623 [email protected] District 3 Victor Rountree Bellevue Elected 2024 402-471-2627 vrountree@leg.
ne.gov District 45 Rita Sanders Bellevue Elected 2020, 2024 402-471-2615 [email protected].
gov District 39 Tony Sorrentino Elkhorn Elected 2024 402-471-2885 [email protected] District 13 Ashlei Spivey Omaha Elected 2024 402-471-2727 aspivey@leg.
ne.gov District 43 Tanya Storer Whitman Elected 2024 402-471-2628 [email protected].
gov District 23 Jared Storm David City Elected 2024 402-471-2719 [email protected] District 47 Paul Strommen Sidney Elected 2024 402-471-2616 pstrommen@leg.
ne.gov District 4 R. Brad von Gillern Elkhorn Elected 2022 402-471-2621 bvongillern@leg.
ne.gov District 15 Dave Wordekemper Fremont Elected 2024 402-471-2625 [email protected].
gov Get Government & Politics updates in your inbox! Stay up-to-date on the latest in local and national government and political topics with our newsletter..
