Nebraska LB 1089: Exempt individuals under nineteen years of age from payment of certain court costs and fees and change provisions of the Nebraska Juvenile Code

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1089

Introduced by DeBoer, 10.
Read first time January 09, 2024
Committee: Judiciary
A BILL FOR AN ACT relating to courts; to amend sections 25-1914, 25-3010,1
29-1920, 29-2207, 29-2258, 29-2262.04, 29-2262.06, 29-2704, 29-4106,2
29-4121, 33-103, 33-107.01, 33-107.03, 33-126.05, 33-154, 33-155,3
33-156, 33-157, 43-261, 43-290, 47-633, and 81-1429, Reissue Revised4
Statutes of Nebraska, sections 24-703, 25-1140.09, 29-1903, 33-106,5
33-124, 43-254, 43-260.04, 43-272, and 43-2,129, Revised Statutes6
Cumulative Supplement, 2022, and section 29-2262, Revised Statutes7
Supplement, 2023; to exempt individuals under nineteen years of age8
from payment of certain court fees and costs, probation fees, and9
DNA collection and testing costs; to provide that such individuals10
are presumed to be indigent for purposes of fees related to criminal11
discovery; to prohibit recovery of costs and fees in proceedings12
under the Nebraska Juvenile Code from juveniles and their parents or13
guardians as prescribed; to change provisions relating to juvenile14
pretrial diversion programs, appointed counsel, guardians ad litem,15
and recoupment of certain costs; to prohibit imposition of a fine as16
a penalty in a juvenile proceeding; to eliminate obsolete17
provisions; to harmonize provisions; and to repeal the original18
sections.19
Be it enacted by the people of the State of Nebraska,20
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Section 1. (1) Court costs and fees described in subsection (2) of1
this section shall not be assessed against:2
(a) A juvenile or the juvenile's parent or guardian in any3
proceeding under the Nebraska Juvenile Code under subdivision (1), (2),4
or (3)(b) of section 43-247; or5
(b) A defendant in a criminal proceeding, for an offense other than6
a traffic misdemeanor or infraction, which was alleged to have been7
committed when such defendant was under nineteen years of age, or such8
defendant's parent or guardian.9
(2) This section applies to court costs and fees, including, but not10
limited to, docket or filing fees, appeal bonds or deposits, witness11
fees, mileage fees, program participation fees, and probation fees, and12
includes, but is not limited to, any such court costs or fees imposed13
under any of the following sections: Section 24-703, 25-1140.09, 25-1914,14
25-3010, 29-1903, 29-2207, 29-2262, 29-2262.04, 29-2262.06, 29-2704,15
29-4106, 29-4121, 33-103, 33-106, 33-107.01, 33-107.03, 33-124,16
33-126.05, 33-154, 33-155, 33-156, 33-157, 47-633, or 81-1429.17
(3) This section does not apply to bail bonds, costs, or fees18
described in section 29-901.19
Sec. 2. Section 24-703, Revised Statutes Cumulative Supplement,20
2022, is amended to read:21
24-703 (1) Each original member shall contribute monthly four22
percent of his or her monthly compensation to the fund until the maximum23
benefit as limited in subsection (1) of section 24-710 has been earned.24
It shall be the duty of the Director of Administrative Services in25
accordance with subsection (7) of this section to make a deduction of26
four percent on the monthly payroll of each original member who is a27
judge of the Supreme Court, a judge of the Court of Appeals, a judge of28
the district court, a judge of a separate juvenile court, a judge of the29
county court, a clerk magistrate of the county court who was an associate30
county judge and a member of the fund at the time of his or her31
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appointment as a clerk magistrate, or a judge of the Nebraska Workers'1
Compensation Court showing the amount to be deducted and its credit to2
the fund. The Director of Administrative Services and the State Treasurer3
shall credit the four percent as shown on the payroll and the amounts4
received from the various counties to the fund and remit the same to the5
director in charge of the judges retirement system who shall keep an6
accurate record of the contributions of each judge.7
(2)(a) In addition to the contribution required under subdivision8
(c) of this subsection, beginning on July 1, 2004, each future member who9
became a member prior to July 1, 2015, and who has not elected to make10
contributions and receive benefits as provided in section 24-703.03 shall11
contribute monthly six percent of his or her monthly compensation to the12
fund until the maximum benefit as limited in subsection (2) of section13
24-710 has been earned. After the maximum benefit as limited in14
subsection (2) of section 24-710 has been earned, such future member15
shall make no further contributions to the fund, except that (i) any time16
the maximum benefit is changed, a future member who has previously earned17
the maximum benefit as it existed prior to the change shall contribute18
monthly six percent of his or her monthly compensation to the fund until19
the maximum benefit as changed and as limited in subsection (2) of20
section 24-710 has been earned and (ii)