State Sen. Adam Morfeld says he often hears local college students tell him that they fear reporting sexual assaults to police because they're afraid of getting in trouble for using drugs or alcohol.
The Lincoln senator introduced a bill that would ease those fears by providing immunity on minor drug or alcohol possession charges to victims or witnesses of sexual assault. advanced to the second of three rounds of debate on a 29-6 vote Wednesday morning.
Certain conditions would need to be met for immunity to be granted. Individuals would only receive immunity if they were the one reporting the assault to law enforcement or seeking emergency medical attention. An individual would not be charged if evidence of the offense was obtained as a result of the assault investigation. The individual would be required to cooperate with law enforcement.
LB519 that was passed in 2015 and 2017, which Morfeld referred to as his "Good Samaritan" legislation. The 2015 legislation protects minors who call for help about friends suffering from alcohol poisoning. The 2017 legislation protects individuals from drug possession charges if they seek help for a drug overdose.
Fear of retribution should not hinder justice from being served, Morfeld said, though it often does. As an assault victim himself, Morfeld said he was afraid to tell his parents, even though he wasn't under the influence.
"This is something that is a barrier," Morfeld said.
During a committee hearing, the Nebraska Attorney General's Office and the Nebraska County Attorney's Association opposed LB519. Morfeld said their primary argument was that the bill would limit the discretion to prosecute individuals for drug and alcohol offenses.
Several senators also raised concerns about the bill during Wednesday's debate, mostly about how it would hinder prosecutors.
"There's questions about how this all works," said Sen. Mike Jacobson of North Platte, who later voted to advance the bill.
Sen. Steve Erdman of Bayard, one of the six opposing votes, asked how victims or witnesses would even know that this immunity would apply to them. Morfeld acknowledged that lack of knowledge is an obstacle but said public education campaigns similar to what took place after the Good Samaritan bills were passed would hopefully spread the word.