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LB 322

Prohibit assault on a pharmacist and clarify provisions relating to assault on officers, emergency responders, certain employees, and health care professionals

109th Legislature (2025-2026) Introduced by Stan Clouse

LB 322 protects Nebraska pharmacists and health care staff from assault, clarifies public safety officer definitions, and imposes enhanced penalties when on duty.

Title printed. Carryover bill
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Bill Summary · LB 322

Summary — LB 322 (2025)

Prohibit assault on a pharmacist and clarify provisions relating to assault on officers, emergency responders, certain employees, and health care professionals

Purpose / Intent

LB 322 adds licensed pharmacists to the list of persons statutorily protected from assault and harmonizes/clarifies related assault offenses and definitions in Chapter 28 (Criminal Code). By amendment (AM767) portions of LB 26 were incorporated to expand the definition of “health care professional” to include other hospital and health clinic employees and to create a new definition for “public safety officer.”

Key provisions and changes

  • Adds pharmacists as protected victims across several assault statutes and requires the pharmacist to be on duty when the offense occurs.
  • Creates/clarifies definitions (amends 28-929.01):
    • Pharmacist: any person licensed in Nebraska to practice pharmacy.
    • Pharmacy: same meaning as in section 71-425.
    • Public safety officer: peace officer, probation officer, firefighter, emergency care provider, Department of Correctional Services employee, and (limitedly) a DHHS employee if the offender is committed as a dangerous sex offender.
    • Health care professional: a licensed practitioner who practices at a hospital or health clinic, and explicitly includes any other employee of a hospital or health clinic (language added from LB 26).
  • Amends assault statutes:
    • First-, second-, and third-degree assault provisions (sections 28-929, 28-930, 28-931) expanded to cover pharmacists and public safety officers; requires public safety officers to be engaged in official duties and health care professionals/pharmacists to be on duty for enhancements to apply.
    • Assault involving bodily fluids (28-934) amended to include pharmacists and health care professionals; requires on-duty status.
  • Miscellaneous harmonization:
    • Requires warnings in hospitals/clinics to include pharmacists (28-929.02).
    • Includes pharmacists and public safety officers in unlawful membership recruitment and governmental operations offenses (28-1351, 28-1354).
    • Adds assaults on pharmacists/public safety officers as potentially disqualifying convictions under the Occupational Reform Board Act (28-941.01).
  • Repeals and clean-up: strikes original sections and repeals section 28-931.01 (assault using a motor vehicle). Other statutory cross‑references updated (e.g., 28-101, 28-115, 29-2221).

Penalties / Legal effect

  • Offenses committed against these newly-protected persons retain the enhanced classifications already used for similar protected victims. Example: assault on a protected person in the first degree remains a Class ID felony under the amended structure. The pregnant‑victim enhancement statute (28-115) is updated to reference the revised protected-person offenses.
  • Enhancement only applies where statutory conditions are met (e.g., on‑duty/official‑duties).

Who is affected

  • Pharmacists licensed in Nebraska and employees of hospitals/health clinics (now included as health care professionals).
  • Public safety officers as newly defined.
  • Persons who assault covered individuals may face elevated criminal charges.
  • Hospitals, clinics, and pharmacies — required signage updated to include pharmacists.

Procedural / Timeline notes

  • Introduced: Jan 16, 2025 (Sen. Stan Clouse).
  • Judiciary Committee hearing: Feb 12, 2025 — advanced to General File with AM767 attached.
  • AM767 (Judiciary) adopted April 16, 2025; AM767 incorporated provisions of LB 26.
  • Placed on Select File: April 22, 2025. Various motions (bracket, cloture, reconsider) were filed during April–June 2025.
  • Fiscal notes available (dates: Feb 11 and Apr 22, 2025).

Stakeholder positions recorded (committee hearing)

  • Proponents: Nebraska Pharmacists Association, hospital systems and associations.
  • Opponents: Nebraska Criminal Defense Attorneys Association, some civil liberties advocates and individuals (testimony reflects concerns in committee).

This summary focuses on statutory scope and immediate criminal-law impacts. For implementation effects (prosecution practices, fiscal impacts to courts/prisons, and employer responsibilities) consult the fiscal notes and agency guidance.

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

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