LB65 Summary — Nebraska, 109th Legislature (First Session, 2025)
Overview
- Purpose: LB65 aims to relieve individuals under 19 from paying court costs, fees, probation fees, and DNA collection/testing costs, in juvenile actions and related proceedings. It also makes broader changes to how costs and fees are assessed and recovered in juvenile and certain criminal proceedings, and adjusts related juvenile court provisions.
- Introduced: January 9, 2025
- Introducer/Committee: Introduced by Senator Wendy DeBoer; Committee on Judiciary. Hearing held January 24, 2025.
- Status: Listed as “Dungan name added” (administrative/status note; bill as introduced is LB65)
Key Provisions and Changes
1) Exemption from costs for those under 19
- Section 1 (new law) provides that court costs and fees shall not be assessed against:
- Juveniles or the juvenile’s parent/guardian in proceedings under the Nebraska Juvenile Code.
- Defendants in criminal proceedings (other than traffic offenses) who allegedly committed the offense before turning 19, or the defendant’s parent/guardian.
- Types of costs/fees covered include: docket/filing fees, appeal bonds/deposits, witness fees, mileage fees, program participation fees, probation fees, and similar costs imposed under a long list of statutes (e.g., 24-703, 25-1140.09, 25-1914, 25-3010, 29-1903, 29-2207, 29-2262, 29-2262.04, 29-2262.06, 29-2704, 29-4106, 29-4121, 33-103, 33-106, 33-107.01, 33-107.03, 33-124, 33-126.05, 33-154, 33-155, 33-156, 33-157, 47-633, 81-1429).
- Exclusions: Bail bonds and certain costs under 29-901 or subsection (5) of 43-253 are not affected.
2) Revisions to related statutes and processes
- The act would repeal or harmonize various statutory provisions, including, but not limited to, the statutes listed above, to implement the under-19 exemption and related changes.
- It also addresses purposes of fees related to criminal discovery and clarifies prohibitions on the recovery of costs and fees in juvenile proceedings from juveniles and their parents/guardians as prescribed.
3) Juvenile court and related procedures
- Provisions relating to juvenile pretrial diversion programs, appointed counsel, guardians ad litem, and recoupment of certain costs are adjusted or clarified, consistent with the cost exemption for under-19 individuals.
- The bill codifies a prohibition on imposing fines as penalties in juvenile proceedings.
4) Related fiscal and administrative changes
- The text of LB65 includes amendments to and harmonization with a broad set of statutes governing court costs, program fees, and related financial obligations.
- Notably, the version content indicates broader structural amendments beyond just cost exemptions, touching on enforcement, cost recoupment, and juvenile proceedings administration.
Affected Parties
- Juveniles under 19 and their families/guardians (primary beneficiaries, exempt from many court costs and fees).
- Defendants in criminal proceedings alleged to have committed offenses before turning 19, and their families (exemption applies to most non-traffic offenses).
- Nebraskan juvenile courts, district courts, and county courts, and administrative agencies handling court costs and juvenile procedures.
- Legal service providers involved in juvenile cases (e.g., appointed counsel, guardians ad litem) insofar as costs and fees are concerned.
Procedural and Timeline Aspects
- Introduced and heard in Committee in January 2025 (Judiciary).
- Specific effective date and implementation timeline are not provided in the excerpt; typically, such provisions would become effective on a specified date after passage (often July 1 or similar), or upon enactment, depending on the bill’s final text.
- The bill would repeal or amend various existing sections as stated, requiring alignment across multiple statutes.
Notes
- This summary focuses on the substantive provisions described in the bill text provided. For precise language, effective dates, and potential fiscal impact, refer to the bill’s official engrossment, fiscal note, and committee statements.