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LB 559

Provide for offenses relating to skimmer devices and criminal enterprises involving financial offenses

109th Legislature (2025-2026) Introduced by Carolyn Bosn and 1 co-sponsor

LB 559 creates crimes for installing or using skimmer devices, strengthens organized retail crime and kingpin-led fraud, and funds victim restitution.

Provisions/portions of LB464 amended into LB559 by AM731
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Bill Summary · LB 559

Summary — LB 559 (2025)

Provide for offenses relating to skimmer devices and criminal enterprises involving financial offenses

Status: Enacted (Approved by Governor May 20, 2025). Introduced Jan 22, 2025 by Sen. Carolyn Bosn; cosponsored by Sen. Hallstrom. Judiciary Committee amendment AM731 incorporated portions of LB464 into LB559 prior to final passage.

Purpose and intent

LB 559 (as amended by AM731) creates new criminal offenses and penalties to address (1) the installation and use of payment-card “skimmer” devices that capture card data or PINs, (2) continuing criminal enterprises that commit financial offenses (a “kingpin”/leadership enhancement), and (3) organized retail crime (added from LB464). The bill also expands civil and criminal forfeiture authorities and establishes a fund to assist victims of financial fraud.

Key provisions

  • Definition

    • Adds a statutory definition of “skimmer device”: an electronic or other device used to capture, record, store, or transmit data from a financial transaction device or to capture/record an account holder’s personal identification code.

  • Skimmer installation offense (new section)

    • Makes it a crime to install a skimmer device, without authorization, on automated banking devices or point-of-sale terminals (including fuel pumps) with intent to obtain money, credit, property or other value by fraud.
    • Installation done without authorization is expressly defined (i.e., without issuer, account holder, or device/terminal owner authorization).
    • Classified as a Class IV felony.

  • Skimmer use offense (new section)

    • Makes it unlawful to use a skimmer device on an ATM or point-of-sale terminal with intent to defraud.
    • Penalties are graduated by the total value of money/credit/property obtained or financial payments made as a result of the offense. The section provides aggregation rules for schemes and an enhancement for repeat convictions within ten years.

  • Continuing criminal enterprise (new section)

    • Creates an offense targeting a person who, acting in a leadership position with two or more others, commits a series of financial transaction offenses as part of a continuing enterprise and obtains substantial income or resources.
    • Penalties vary by gross receipts and number of persons involved (leadership/kingpin enhancement structure).

  • Organized retail crime (added from LB464 via AM731)

    • Defines “organized retail crime,” “aggravated retail market,” and related terms.
    • Prohibits organizing, supervising, enabling, or otherwise facilitating theft of retail merchandise for resale or reentry into commerce; tampering with anti-theft devices; conspiring; receiving/possessing merchandise a reasonable person would know is stolen; and certain alarm/fire-exit tampering to facilitate theft.
    • Creates penalties and (via adopted sub-amendment) establishes the Financial Fraud Victims’ Reimbursement Fund to assist victims.

  • Forfeiture and remedies

    • Amends existing forfeiture provisions (sections 28-1601 and 28-1602) to allow forfeiture of property in connection with violations of the new skimmer, continuing criminal enterprise, and related financial transaction offenses.

Who is affected

  • Criminal defendants who install, use, traffic in, or organize use of skimmer devices or who lead multi-person financial fraud enterprises.
  • Retailers, banks, fuel stations, and other businesses using ATMs/point-of-sale terminals (both as potential targets and beneficiaries of anti-fraud enforcement).
  • Victims of skimming and organized retail crime (through enforcement, restitution, and the newly created reimbursement fund).
  • Law enforcement and prosecutors, who gain new tools (statutory definitions, enhanced offenses, and forfeiture authority).

Legislative and procedural timeline

  • Referred to Judiciary Committee Jan 24, 2025; committee hearing Feb 28, 2025; AM731 (Judiciary) adopted April 16, 2025, attaching provisions of LB464.
  • Passed Legislature on Final Reading May 14, 2025 (vote 43–6).
  • Presented to Governor May 14, 2025; approved May 20, 2025.
  • Several floor amendments were filed/withdrawn; one (FA129) that would have struck sections 10–12 was withdrawn.

Fiscal note and testimony

  • Fiscal notes filed (dates available in record). Support came from law enforcement, banks, merchant/retail groups, child advocacy organizations, and the Attorney General’s Office; opposition was noted from the Nebraska Criminal Defense Attorneys Association.

If you want, I can:
- Pull the exact penalty thresholds and monetary tiers from the enrolled bill text (those provisions are in the statutory text but were truncated in the summary materials), or
- Draft a short explainer for businesses on best practices to reduce skimmer risk under the new law.

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

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