ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB322
Hearing Date: Wednesday February 12, 2025
Committee On: Judiciary
Introducer: Clouse
One Liner: Prohibit assault on a pharmacist and clarify provisions relating to assault on officers, emergency
responders, certain employees, and health care professionals
Roll Call Vote - Final Committee Action:
Advanced to General File with amendment(s)
Vote Results:
Aye: 5 Senators Bosn, Hallstrom, Holdcroft, Storer, Storm
Nay: 3 Senators DeBoer, McKinney, Rountree
Absent:
Present Not Voting:
Testimony:
Proponents: Representing:
Senator Stan Clouse Opening Presenter
Haley Pertzborn Nebraska Pharmacists Association
Opponents: Representing:
Spike Eickholt Nebraska Criminal Defense Attorneys Association
Matthew Jeffrey Self
Neutral: Representing:
* ADA Accommodation Written Testimony
Summary of purpose and/or changes:
Summary
LB322 amends sections of law relating to crimes and offenses to prohibit assault on a pharmacist and change and
eliminate provisions and penalties relating to offenses involving assault on an officer, emergency responder, certain
employees, or a health care professional.
Explanation of amendments:
AM767 is a white copy amendment to LB 322 that strikes and replaces the original sections. AM 767 adds LB 26 to
the bill which expands the definition of a health care professional in section 28-929.01 to include any other employee
of a hospital or health clinic.
Committee Statement: LB322
Judiciary Committee
Page 1 af382c5fefc0d71b9381aef6cbbc814f Section by Section Summary
Section 1
Amends section 28-101 to add sections 3 to 8 of AM 767 to the Nebraska Criminal Code. (LB322 as amended by
AM767)
Section 2
Amends section 28-115 to add language to include a public safety officer and pharmacist as occupations protected
under this section relating to enhanced penalties for a criminal offense against a pregnant woman, replacing
emergency responder, an officer, a state correctional employee, and Department of Health and Human Services
employee. (LB 322)
Section 3
Amends section 28-929.01 to include definitions of pharmacist and public safety officer. For purposes of sections 3 to
8, pharmacist means any person licensed in Nebraska to practice pharmacy. Public safety officer means a peace
officer, probation officer, firefighter, emergency responder, Department of Correctional Services employee, and
Department of Health and Human Services (DHHS) employee if the person committing the offense against the DHHS
employee is committed as a dangerous sex offender. (LB 322 as amended by Am 767 adding LB26)
Section 4
Amends section 28-929 to also include a pharmacist and public safety officer as persons protected against assault in
the first degree. This section also includes language requiring that the public safety officer be engaged in official
duties, and the pharmacist be on duty when the first degree assault is committed. (LB322)
Section 5
Amends section 28-930 to also include a pharmacist and public safety officer as persons protected against assault in
the second degree. This section also includes language requiring that the public safety officer be engaged in official
duties, and the pharmacist be on duty when the second degree assault is committed. (LB322)
Section 6
Amends section 28-931 to also include a pharmacist and public safety officer as persons protected from assault in the
third degree. This section also includes language requiring that the public safety officer be engaged in official duties,
and the pharmacist be on duty when the third degree assault is committed. (LB322)
Section 7
Amends section 28-934 to also include a pharmacist and health care professional regarding assault with a bodily
fluid. This section includes new language requiring that the pharmacist or health care provider be on duty when the
offense is committed. (LB322)
Section 8
Amends section 28-929.02 to include a pharmacist in the required warning to be displayed in every hospital and
health clinic regarding assaulting a health care professional or pharmacist. (LB322)
Section 9
Amends section 28-1351 to also include a pharmacist and public safety officer regarding the offense of unlawful
membership recruitment. (LB322)
Section 10
Committee Statement: LB322
Judiciary Committee
Page 2 af382c5fefc0d71b9381aef6cbbc814f Amends section 28-1354 of the Public Protection Act to include a pharmacist and public safety officer regarding
offenses involving governmental operations. (LB322)
Section 11
Amends section 29-2221 to harmonize with changes made to section 28-929. (LB322)
Section 12
Amends section 28-941.01 to include assaults on pharmacists and public safety officers as potentially disqualifying
convictions under the Occupational Reform Board Act. (LB322)
Section 13
Repealer
Section 14
Outright repealer. (outright repeals section 28-931.01 relating to assault using a motor vehicle.)
Carolyn Bosn, Chairperson
Committee Statement: LB322
Judiciary Committee
Page 3 af382c5fefc0d71b9381aef6cbbc814f