NE- Council OKs Sex Offender Ordinance Change

11-12-2009 Nebraska:

by Klark Byrd

SIDNEY - The City of Sidney has an amended sex offender ordinance, thanks to the changes made approved by council during Tuesday night’s regular session. The ordinance was amended to better comply with the recently-passed LB285, which amended state ordinances to comply with the federal Adam Walsh Act, signed by former President Bush.

City attorney Jordan Ball told council the changes had to be made in the city ordinance because it directly referred to Level III offenders - considered high-risk to reoffend. The Adam Walsh Act and LB285 did away with the levels of sex offenders, and instead introduced language for “aggravated offense.”

The city’s original sex offender ordinance outlined where Level III offenders could live, such as not being able to seek a residence within 500 feet of a school or child care facility. The city originally called Level III offenders “sexual predators” in the law. Now that the levels will disappear in January, the city has revamped the language to say a sexual predator is a sex offender who committed an aggravated offense.

Not all sex offenders will have aggravated offenses. Ball said the state patrol or judge would decide what sex crimes fall within the aggravated offense category.

According to LB285, aggravated offense means any offense involving penetration, direct genital touching, or sexual contact with a victim aged 13 or more without consent, a victim under 13 years old or a victim the offender knew or should have known was mentally or physically incapable of resisting.

With Councilman Bob VanVleet excused from the meeting, the ordinance was designated with a 4-0 vote and then passed after statutory requirements requiring three title readings were waived. ..Source..