A measure that would provide a criminal enhancement when the manufacture or distribution of a controlled substance results in death or serious bodily injury stalled in the Nebraska Legislature Wednesday.
Under LB137, the criminal penalty in such circumstances would be increased to the next higher penalty classification.
During floor debate on a motion to indefinitely postpone the bill, Lincoln Sen. George Dungan said if the goal is safer communities and reducing the number of people committing those crimes, increasing the penalty won’t have that effect.
“And so I understand the notion that we are trying to prevent these things from happening. And I understand that there’s incredibly sad stories that none of us want to see repeated. But increasing this penalty is not going to achieve that goal. And we have to be smart about what we’re doing, and we have to be intentional about what we’re doing,” Dungan said.
A committee amendment pending on the bill would limit the penalty enhancement to a maximum Class 1C felony, punishable by a mandatory minimum of five years up to fifty years in prison.
Lawmakers adjourned for the day without taking a vote on the indefinite postponement motion, the amendment or the bill itself.
