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LB 127

Provide for damages for defendants who are found not guilty or whose cases are dismissed or overturned

109th Legislature (2025-2026) Introduced by Danielle Conrad and 1 co-sponsor

LB 127 creates a damages remedy for defendants charged who are exonerated or whose cases end not guilty or are dismissed, covering fees and actual damages.

Title printed. Carryover bill
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WeVote Research Nonpartisan
Bill Summary · LB 127

Summary of Nebraska Legislative Bill LB 127 (2025)

Quick context

  • Bill: LB 127
  • Introduced: January 10, 2025
  • Introducer/Sponsor: Senator Dan McKeon (primary); Senator Conrad (cosponsor)
  • Committee: Judiciary
  • Status: Notice of hearing scheduled for March 5, 2025
  • Purpose: To provide damages for defendants who are not guilty or whose cases are dismissed or overturned, addressing financial hardship and encouraging prudent prosecutorial decisions.

What the bill would do

LB 127 amends section 29-1208 of Nebraska law to create a damages remedy for individuals charged with criminal offenses who are later exonerated or whose cases are resolved in a way that ends in not guilty outcomes or dismissal. It also expands damages in cases where a person is not tried within the allotted time. The bill defines “damages” and establishes a process for awarding them through the courts.

Key provisions and changes

  • Damages-triggering outcomes (Section 1, subsections 3 and 4): A defendant is eligible for damages if, after charges are filed, any of the following occur:

    • Absolute discharge under section 29-1208
    • Prosecutor voluntarily dismisses the charges (with some exceptions)
    • Dismissal by the trial court or on appeal
    • Jury verdict of not guilty (jury trial)
    • Court finding not guilty (bench trial)
    • Conviction overturned on appeal or via postconviction relief

  • Definitions (Section 1, subsection 2): “Prosecutor” includes the Attorney General, county attorneys, city attorneys, and others authorized to prosecute criminal actions.

  • Limitations/denials (Section 1, subsection 4): A defendant is not entitled to damages if:

    • They are convicted of another offense arising from substantially the same misconduct
    • The other offense is classified at the same level or higher and not dismissed, or if the conviction for that other offense is overturned
    • Subsection 4 outlines what constitutes substantially the same misconduct (based on same transaction/event, common scheme/plan, or close in time with relevant factors)

  • Waiver option (Section 1, subsection 5): A defendant may enter an agreement with a prosecutor to dismiss charges and waive damages.

  • Damages awarded (Section 1, subsection 6): When a damages event occurs, the court must hold a hearing and award:

    • Reasonable attorney’s fees and other litigation expenses (including trial, appeals, and postconviction relief)
    • Actual damages caused by the filing of charges, arrest, detention, prosecution, conviction, or imprisonment (e.g., lost wages)

  • Amendment to 29-1208 (Section 2): If a defendant is not brought to trial within the time limits, they receive an absolute discharge and damages under the new section 1.

Who would be affected

  • Defendants who are not guilty or whose cases are dismissed/not guilty outcomes
  • Individuals facing prosecution whose cases could be dismissed or overturned
  • Prosecutors and the state, given potential financial liability and incentives toward more cautious charging decisions
  • Courts, which would conduct damages hearings and award amounts

Procedural and timeline notes

  • Hearing date established: March 5, 2025
  • Introduced and referred to Judiciary in January 2025; further sponsorship changes noted (Conrad added as cosponsor)

Potential impact

  • Financial recourse for defendants facing wrongful prosecutorial harm
  • Encouragement for restraint and deliberation in prosecutorial charging decisions
  • New litigation costs for the state and potential budget considerations for defense/indigent services

This summary captures the bill’s core aims, mechanisms for damages, eligibility constraints, and procedural context based on the introduced text and listed status.

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

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