|LB 60 should be reported to the manure hotline|
LB 60 is promoted by third-string Huskers QB turned third-string Senator Brat Lindstrom. I find this bill to be full of manure, and as it turns out, Nebraska has a manure spill hotline. So maybe I can get them to clean up this bill.
A BILL FOR AN ACT relating to the Parenting Act; to amend section 43-2933, Reissue Revised Statutes of Nebraska; to change provisions relating to limitation or denial of custody or access to a child; and to repeal the original section.
(b) No person shall be granted custody of, or unsupervised parenting time, visitation, or other access with, a child if anyone residing in the person's household is required to register as a sex offender under the Sex Offender Registration Act as a result of a felony conviction in which the victim was a minor or for an offense that would make it contrary to the best interests of the child for such access unless the court finds by a preponderance of the evidence that the person seeking such access has overcome the presumption and burdens of production and persuasion in subdivision (1)(c) of this section and that there is no significant risk to the child and states its reasons in writing or on the record. Any person who has been granted custody of, or unsupervised parenting time, visitation, or other access with a child must provide written notice to all other persons who have custody or access rights to the child before such person allows any sex offender described in this subdivision to reside in such person’s household or to have unsupervised access to the child.
(c) The fact that a child is permitted unsupervised contact with a person who is required, as a result of a felony conviction in which the victim was a minor, to be registered as a sex offender under the Sex Offender Registration Act shall be prima facie evidence that the child is at significant risk and such unsupervised contact shall be presumed to not be in the child’s best interests. The person who is seeking to allow such unsupervised contact shall have the burden of production and the burden of persuasion that such unsupervised contact is in the child’s best interests.
Judge’s ok suggested before sex offender access to children
February 9, 2017 Sen. Brett Lindstrom, LB60
Members of the Judiciary Committee heard testimony Feb. 9 on a bill that would provide stronger protections for children against registered sex offenders.
Under LB60, introduced by Omaha Sen. Brett Lindstrom, registered sex offenders found guilty of felony child sexual abuse would not be allowed unsupervised parental access to a child unless a judge finds that the adult presents no significant risk to the child.
Lindstrom said a recent Nebraska Supreme Court decision found that a father could not prevent his child from living in the same home as his ex-wife’s new husband, a registered sex offender.
He said LB60 would shift the burden of proof to the person seeking to allow unsupervised contact with a child to show that such contact would be in the child’s best interest.
“[The bill] reaffirms a strong public policy that we must protect our children and provides more guidance to our judicial branch to protect them,” he said.
Written notice also must be provided to all other persons with custody or access rights before a registered sex offender would be allowed to have unsupervised access or reside in the same home as a child.
Stephanie Huddle, representing the Nebraska Coalition to End Sexual and Domestic Violence, testified in support of the bill. She said 34 percent of sexual abuse is perpetrated by family members and can have long-lasting effects on children.
“Children who are sexually abused may develop phobias, suffer from nightmares and engage in regressive behaviors,” she said. “[LB60] would ensure additional safeguards for Nebraska children and peace of mind for their parents.”
Opposing the bill was Derek Logue, an anti-registry activist and registered sex offender. As a group, he said, sex offenders have low rates of recidivism.
“The written notification requirement seems to be more about humiliation than personal safety,” he said. “Those who share my label are assumed guilty until proven innocent. How can anyone reasonably expect a registered citizen to meet such a burden when society is so quick to believe the worst about such people?”
The committee took no immediate action on the bill.