Indefinitely postponed
Provide for a penalty enhancement for a controlled substances violation resulting in serious bodily injury or death ↗
| Sponsor | Sen. Carolyn Bosn (District 25) (Introduced 01/09/2025) |
|---|---|
| Sponsor Ranking | The Nebraska Legislature is officially nonpartisan, and no published ideology measurement of its members is in our database - so none is shown. This page shows how members voted, never where anyone places them. |
| KJV verdict | PASS · 3 grounds ↓ |
| Committees | Judiciary |
| Latest Action | 06/06/2025 Provisions/portions of LB6 amended into LB530 by AM1219 |
| Roll Call Votes | There have been no roll call votes |
| Source | view on nebraskalegislature.gov (new tab) → |
Brief (4)
If it passes, what changes
This is a criminal-code amendment adding a penalty enhancement to Nebraska's controlled substances law.
- §1 amends section 28-416; §2 repeals the prior version of that section.
- §1 creates new subsection (16)(a): a §1(1) violation gets bumped to the next higher penalty class if a firearm was possessed during the violation, or if the violation directly and proximately caused death or serious bodily injury.
- §1(16)(b) caps the enhancement so it can never exceed a Class IB felony.
- §1(16)(a)(i) keeps the existing firearm-possession enhancement, restructuring it as one of two enhancement triggers rather than the sole one.
- §1 leaves subsections (2)-(15) and (17)-(19) — base penalties, drug-quantity tiers, forfeiture, and license/permit consequences — unchanged in substance.
Does it do what it claims
The verdict is yes: the title promises a penalty enhancement for a violation resulting in serious bodily injury or death, and §1(16)(a)(ii) delivers exactly that.
- The title's "penalty enhancement for a controlled substances violation resulting in serious bodily injury or death" matches new §1(16)(a)(ii) directly.
- The title's "harmonize provisions" fits the restructuring of §1(16) into (a)(i)/(a)(ii)/(b) without changing the firearm rule's substance.
- The title's "repeal the original section" matches §2, the standard mechanism for amending a statute.
- No provision addresses anything beyond enhancement and repeal; the bill does not expand to unrelated topics.
The case each way
The disagreement is over whether tying a drug-possession or distribution penalty to an unintended death or injury, without a separate causation-of-harm charge, is fair and proportionate.
- For: §1(16)(a)(ii) targets a real harm — a controlled substance directly causing death or serious injury — with an objective causation standard.
- For: The enhancement is bounded by §1(16)(b) at Class IB felony, not open-ended, and layers onto an existing graduated scheme.
- Against: The text does not require the defendant to have known or intended that death or injury would result, only that the violation caused it.
- Against: "Serious bodily injury" is not defined within the text shown, leaving its scope to case law or another statute not quoted here.
What the text cannot settle
This reading is confined to the text of §1 and §2 as shown; it cannot speak to how courts or prosecutors will apply it.
- The bill text does not define "serious bodily injury" for purposes of §1(16)(a)(ii).
- No mens rea (knowledge or intent) is specified for the death-or-injury element in §1(16)(a)(ii).
- The text does not state how §1(16)(a)(ii) interacts with existing homicide or assault statutes, if at all.
- No fiscal note, incarceration-cost estimate, or projected caseload effect appears in the text.
- It is unclear from the text whether §1(16)(a)(ii) requires the defendant's own conduct (e.g., distribution) or covers self-administration by the injured person.
Written by claude-sonnet-5 from the Introduced of this bill on 2026-09-13, and from nothing else. It is a reading, not a source: bullets naming a section this bill does not contain are dropped before the page is built, but the prose is not otherwise checked. The verdict above does not come from it.
KJV verdict (3)
PASS — Aligns with the KJV
The bill raises the punishment for a drug dealer whose drugs killed or seriously injured someone, and for one who carried a gun while dealing. Scripture charges rulers to punish evildoers and to answer a death with a matching penalty, and it condemns the one who hands his neighbour what harms him. The bill does this and nothing the standard forbids.
3 grounds: 0 FAIL, 3 PASS. Any FAIL fails the bill.
PASS Section 1, 28-416(16)(a)(ii)
“directly and proximately caused the death of, or serious bodily injury to, another person”
“Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man.”Genesis 9:6
“And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.”Deuteronomy 19:21
“Woe unto him that giveth his neighbour drink, that puttest thy bottle to him, and makest him drunken also, that thou mayest look on their nakedness!”Habakkuk 2:15
“For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil.”Romans 13:3-4
The dealer who supplies what kills or maims his neighbour bears the woe Habakkuk names, and the ruler is commanded to visit a proportionate penalty on the one who sheds blood.
PASS Section 1, 28-416(16)(a)(i)
“possessed a firearm while in violation of subsection (1) of this section”
“For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil.”Romans 13:3-4
Bearing arms while committing a crime is evil work, and the ruler beareth not the sword in vain against it.
PASS Section 1, 28-416(14)
“satisfactorily attend and complete appropriate treatment and counseling on drug abuse”
“But a certain Samaritan, as he journeyed, came where he was: and when he saw him, he had compassion on him, And went to him, and bound up his wounds, pouring in oil and wine, and set him on his own beast, and brought him to an inn, and took care of him.”Luke 10:33-34
“For the grace of God that bringeth salvation hath appeared to all men, Teaching us that, denying ungodliness and worldly lusts, we should live soberly, righteously, and godly, in this present world;”Titus 2:11-12
The retained requirement that the convicted receive treatment binds up wounds and turns the offender toward living soberly.
Read against the KJV standard from the Introduced text on 2026-09-13. Every quotation of the bill is checked against the bill's text and every verse is quoted from the 1769 text, not from the model.
Text (1)
- Introduced (new tab) (application/pdf)
Each link opens the legislature's own document.
All Actions (14)
| Date | Actor | All Actions |
|---|---|---|
| 06/06/2025 | Provisions/portions of LB6 amended into LB530 by AM1219 | |
| 06/02/2025 | Indefinitely postponed | |
| 06/02/2025 | Motion to suspend rules to indefinitely postpone prevailed | |
| 06/02/2025 | Motion to suspend rules to indefinitely postpone filed | |
| 06/02/2025 | Motion to suspend rules to indefinitely postpone withdrawn | |
| 05/30/2025 | Motion to suspend rules to indefinitely postpone filed | |
| 03/13/2025 | Placed on General File | |
| 02/11/2025 | Hallstrom name added | |
| 01/27/2025 | Andersen name added | |
| 01/27/2025 | DeKay name added | |
| 01/22/2025 | Notice of hearing for January 29, 2025 | |
| 01/14/2025 | Holdcroft name added | |
| 01/13/2025 | Referred to Judiciary Committee | |
| 01/09/2025 | Date of introduction |
Votes (0)
There have been no roll call votes on this bill.
Sponsors (5)
- Sen. Carolyn Bosn [District 25] — primary sponsor
- Sen. Bob Hallstrom [District 1] — cosponsor (02/11/2025)
- Sen. Bob Andersen [District 49] — cosponsor (01/27/2025)
- Sen. Barry DeKay [District 40] — cosponsor (01/27/2025)
- Sen. Rick Holdcroft [District 36] — cosponsor (01/14/2025)
Committees (1)
| Committee | Activity | Date |
|---|---|---|
| Judiciary | Referred | 01/13/2025 |
Amendments (0)
There are no amendments to this bill.
Fiscal Notes & Statements (3)
The legislature's own companion documents; each link opens the official copy.
Related Bills (0)
No related bill information was received.
How this was worked out (1)
1. What was read
| version | Introduced |
| file | 01-introduced.pdf |
| sha256 | acf0797eefef886729e9f9ce358414a6 |
| characters | 14,888 |
2. What it was read against
| the standard | bills/kjv_prompt.txt, sha256 79671b42553a40fe28a8ac9c8ce9e60a |
| model | claude-fable-5-1 |
| read on | 2026-09-13 |
| the model was shown | the standard -- the verses of the 1769 text, quoted in full -- and the bill's words, and nothing else |
3. The grounds (3)
| PASS | |
|---|---|
| PASS | Section 1, 28-416(16)(a)(ii)
“Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man.” Genesis 9:6 “And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.” Deuteronomy 19:21 “Woe unto him that giveth his neighbour drink, that puttest thy bottle to him, and makest him drunken also, that thou mayest look on their nakedness!” Habakkuk 2:15 “For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil.” Romans 13:3-4 The dealer who supplies what kills or maims his neighbour bears the woe Habakkuk names, and the ruler is commanded to visit a proportionate penalty on the one who sheds blood. |
| PASS | Section 1, 28-416(16)(a)(i)
“For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil.” Romans 13:3-4 Bearing arms while committing a crime is evil work, and the ruler beareth not the sword in vain against it. |
| PASS | Section 1, 28-416(14)
“But a certain Samaritan, as he journeyed, came where he was: and when he saw him, he had compassion on him, And went to him, and bound up his wounds, pouring in oil and wine, and set him on his own beast, and brought him to an inn, and took care of him.” Luke 10:33-34 “For the grace of God that bringeth salvation hath appeared to all men, Teaching us that, denying ungodliness and worldly lusts, we should live soberly, righteously, and godly, in this present world;” Titus 2:11-12 The retained requirement that the convicted receive treatment binds up wounds and turns the offender toward living soberly. |
4. How the verdict follows
| FAIL grounds | 0 |
| PASS grounds | 3 |
| the rule | any FAIL ground fails the bill -- even one, even beside good provisions (1 Corinthians 5:6), even for a good end (Romans 3:8); PASS grounds alone pass it; no grounds, no verdict. No counting, no weighing, nothing added up. |
| verdict | PASS — Aligns with the KJV |
5. What this cannot tell you
Every ground above quotes the bill and quotes the verse, so each can be checked. What the model did not raise cannot be checked the same way: a provision it passed over looks exactly like one that is not there. How often a ground is wrong, and how often one is missing, are not known.
Bill data comes from the Nebraska Legislature's own website, scraped and stored by our own pipeline; titles, sponsors, actions and vote tallies are shown as the Legislature published them. Nothing is generated. Nebraska's Legislature is unicameral and officially nonpartisan; its members carry no party label here because they carry none there. No published ideology measurement is in our database, so no bill or member on this site is placed on a left-right axis: every meter is a roll-call tally, labeled (Vote Record).