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LR 15CA

Constitutional amendment to prohibit the death penalty

109th Legislature (2025-2026) Introduced by Terrell McKinney

Proposes constitutional amendment to abolish Nebraska's death penalty, converting existing death sentences to life imprisonment; capital cases retain appeal with stays; ballot 2026.

Title printed. Carryover resolution
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Bill Summary · LR 15CA

Summary: LR15CA – Proposed Constitutional Amendment to Prohibit the Death Penalty (Nebraska)

Overview

  • Bill number: LR15CA
  • Title: Constitutional amendment to prohibit the death penalty
  • Status: Notice of hearing issued; hearing scheduled for January 31, 2025
  • Introduced: January 15, 2025
  • Introducer: Senator Terrell McKinney
  • Committee: Judiciary

Purpose and intent

  • The bill proposes a constitutional amendment to eliminate the death penalty in Nebraska and to convert any existing or future death sentences to life imprisonment. The stated aim is to replace capital punishment with life imprisonment for all offenses currently eligible for the death penalty.

Key provisions (proposed changes to the Nebraska Constitution)

  • Article I, Section 9 (I-9):
    • The death penalty shall not be imposed for any offense.
    • For any individual currently under a sentence of death, whether the sentence is imposed before, on, or after the adoption of the amendment, the sentence would be commuted to life imprisonment.
    • Existing provisions related to bail, excessive bail, fines, and cruel and unusual punishment remain as part of the section, with the understanding that the death penalty would no longer be available as a punishment.
  • Article I, Section 23 (I-23):
    • In capital cases (i.e., cases in which the death penalty could be imposed under current law), direct appeal to the Nebraska Supreme Court would be a matter of right and would operate as a stay of the death sentence until further order of the Supreme Court.
    • In all other cases (non-capital), the standard appellate framework remains (an aggrieved party would have one appeal to the appropriate appellate court or to the Supreme Court as provided by law).

Ballot language (Sec. 2)

  • The amendment would be submitted to Nebraska voters at the general election in November 2026 with ballot language reflecting the elimination of the death penalty and the commutation of existing death sentences to life imprisonment.

Who/what would be affected

  • Legal/policy effect: The death penalty would be abolished in Nebraska for all offenses.
  • Individuals currently sentenced to death: Such sentences would be commuted automatically to life imprisonment upon adoption of the amendment.
  • Judicial process: Capital cases would continue to have direct appeal to the Nebraska Supreme Court with a stay mechanism, but the underlying punishment would be life imprisonment instead of death.

Procedural and timeline aspects

  • Hearing: January 31, 2025 (Judiciary Committee)
  • General election submission: November 2026 (general election)
  • Process: If approved by voters in 2026, the amendment would amend Article I, sections 9 and 23 of the Nebraska Constitution, replacing the death penalty framework with life imprisonment for all offenses that would have carried the death penalty.

Notes

  • The bill is a constitutional amendment, not ordinary legislation, and requires voter approval to take effect.
  • The document includes the legislative intent statement and introduces the proposed ballot wording for voter consideration.

Compiled from official sources — confirm details with the bill’s official record.

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