This would be lawsuit number 3. Also, this lawsuit raises many more issues than did #1 and #2.1-6-2010 Nebraska:
Bob Lindemeier filed a complaint in Lincoln County District Court seeking a permanent injunction barring enforcement of Nebraska’s new sex offender registry laws.
The lawsuit, filed on behalf of “John Doe” on Jan. 4, was granted an ex-parte order by Judge John Murphy. The order effectively enjoins the entirety of LBs 97 and 285 from going to into effect until a hearing can be held. The hearing is scheduled for Jan. 14 at 8:30 a.m.
“We’re saying enough is enough,” Lindemeier said of the new requirements for registrants. “There’s some real problems with the law when you have individuals who are nearing the end of their periods of having to register, and haven’t re-offended, now being told they have to continue registering.”
Lindemeier said in the lawsuit that what he referred to as the “New Act” is tantamount to making crimes greater than at the time they were committed.
The lawsuit stated that the New Act is punitive and constitutes additional punishment for offenders, which violates the Nebraska State Constitution’s protections against double jeopardy. It also violates offender’s protection against cruel and unusual punishment, the suit said.
By requiring offenders to authorize law enforcement to search their electronic devices at any time with no cause, Lindemeier wrote, the New Act additionally violates constitutional rights barring unreasonable search and seizure.
Questions of due process are also raised by the lawsuit. Lindemeier wrote that the New Act is vague and fails to define who is subject to the new regulations, what information is required to be reported, and other requirements.
The suit stated, “The New Act violates Substantive Due Process by infringing on fundamental right to defend one’s reputation, the integrity of a family, right to travel, right to earn a living, and the right to privacy of information, without adequate justification.”
Also listed among the suit’s constitutional concerns are intrusions on freedom of speech. Lindemeier wrote that the New Act suppresses and criminalizes speech in advance on social networking sites, instant messages, and chat rooms. He called the infringements prior restraint.
Legislative action that alters previous judicial orders constitutes a violation of the separation of powers, according to the suits seventh cause of action. By discarding the old classifications system, the New Act effectively classifies all offenders as Tier III (high-level to re-offend), Lindemeier said in the lawsuit.
The New Act also treads upon plea agreements, according to the action. “John Doe” entered a plea agreement, Lindemeier wrote, with the understanding that the plea would lead to the likelihood of a lesser sentence and only having to register for 10 years.
If Doe had known that he would be required to continue registering for an additional 15 years, the suit said, he likely would have not plead and contested the whole matter.
Lindemeier is seeking a permanent injunction to prevent the New Act from being enforced.
County Attorney Rebecca Harling reported that she would not be able to say much about the litigation until after the hearing and subsequent decision on Jan. 14.
Harling did say that her office, as well as the Sheriff’s Office, received a federal injunction following a decision by Judge Richard Kopf in U.S. District Court a few weeks ago.
Kopf’s decision enjoined two small sections of the massive overhaul of the registration laws. Harling said all the county attorneys and sheriffs in Nebraska received the injunctions.
Lindemeier’s lawsuit named the following parties as defendants:
• the State of Nebraska
• the Nebraska State Patrol
• Attorney General Jon Bruning.
• Col. Bryan Tuma, Superintendent of the Nebraska State Patrol
• Lincoln County Attorney Rebecca Harling
• Sheriff Jerome Kramer
• North Platte Police Chief Martin Gutschenritter.
The 21-page document includes a review of the new laws.
When the Bulletin ran it’s annual sex offender registry in Dec. 2009, a summary of the new laws was included as well.
The requirements for registration of sex offenders were changed in order for Nebraska to become compliant with the 2006 Adam Walsh Act, according to the Nebraska State Patrol website.
This is a result of legislation passed May 29 by the Unicameral.
According to the amended law, in addition to current registration data, offenders will be required to submit email addresses and other digital account information (Facebook and MySpace accounts, etc.) along with school information, professional licenses or certificates, travel and immigration documents, a DNA sample, and palm prints, among other things.
Failure to report all internet communication identifiers, as well as failure to report any changes to those identifiers within 24 hours, could constitute a felony offense, according to the website.
The durations for required registration will also change. All currently registered sex offenders and previously registered offenders must comply, the website said. Offenders convicted of misdemeanor offenses must register for 15 years, felony offenders for 25 years, and aggravated or repeat offenders for life. Currently, offenders must register for either 10 years or life. The new system will junk the currently utilized “risk level classification” and will inform the community of all registered sex offenders, not jus the ones considered a high risk for repeat offenses, according to the website.
With the term changes come alterations to the verification process as well. Offenders reporting for 15 years must verify their addresses in person annual, 25 year reporters bi-annually, and life reporters quarterly.
The law also expands registration requirements to all offenders convicted of sex crimes, not simply those considered to be at a high risk to re-offend. ..Source.. Ben Schwartz (North Platte Bulletin)
No comments:
Post a Comment