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Bill > LB1040
NE LB1040
NE LB1040Change provisions of the Nebraska Mental Health Commitment Act relating to grounds for civil commitment and inpatient treatment and allow for interested parties to file petitions
summary
Introduced
01/14/2026
01/14/2026
In Committee
01/16/2026
01/16/2026
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
109th Legislature
Bill Summary
A BILL FOR AN ACT relating to civil commitments; to amend sections 71-908, 71-921, 71-923, 71-925, 71-930, 71-932, and 71-949, Reissue Revised Statutes of Nebraska, and sections 71-901, 71-903, 71-922, and 81-1850, Revised Statutes Supplement, 2025; to change requirements for commitment as a mentally ill and dangerous person under the Nebraska Mental Health Commitment Act; to define and redefine terms; to allow interested parties to file petitions under the act; to change provisions relating to inpatient commitment; to provide a penalty for a petition filed in bad faith; to provide duties for mental health boards and county attorneys; to harmonize provisions; and to repeal the original sections.
AI Summary
This bill amends the Nebraska Mental Health Commitment Act to broaden the definition of a "mentally ill and dangerous person" to include those who pose a substantial and immediate risk of causing significant damage to another's property, and it allows "interested parties" – defined as a spouse, parent, sibling, adult child, close adult friend, guardian, conservator, or anyone acting in the individual's best interest – to file petitions for civil commitment, not just county attorneys. The bill also clarifies that a "petitioner" can be either the county attorney or an interested party, and it introduces a penalty, a Class IV felony, for filing a petition in bad faith or for an improper purpose, with mental health boards required to refer such cases to the county attorney for prosecution. Additionally, the bill modifies provisions related to inpatient commitment by emphasizing that treatment orders should impose the least possible restraint on an individual's liberty, considering recommendations from treatment providers, and it ensures that victims of certain covered offenses are notified if the convicted person becomes the subject of a mental health commitment petition.
Committee Categories
Justice
Sponsors (1)
Last Action
Judiciary Hearing (13:30:00 2/25/2026 Room 1525) (on 02/25/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=63309 |
| Analysis - Statement of Intent | https://nebraskalegislature.gov/FloorDocs/109/PDF/SI/LB1040.pdf |
| Kauth FA699 | https://nebraskalegislature.gov/FloorDocs/109/PDF/AM/FA699.pdf |
| BillText | https://nebraskalegislature.gov/FloorDocs/109/PDF/Intro/LB1040.pdf |
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