The daily Nebraskan. ([Lincoln, Neb.) 1901-current, January 22, 1981, Page page 2, Image 2

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daily nebraskan
thursday, january 22, 1981
THE
J.
JANUARY SALE
Thru Saturday
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Over 100 Teas-10-30 Off
80 Spices -25 Off
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Jars and Containers- 10-50 Off
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Selected Close-Outs & Overstocks-25-50 Off
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Gunny's Building
13th & "Q"
Mon.-Sat. 9:30 6:00
Thursday Night till 9:00
Penalties may be hiked
for public drunkenness
By Patti Gallagher
to 12 hours as a last resort. Other options
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SUCH db IdMllg Ult pviMJII IIWIIIC, () a
If two Nebraska lawmakers have their hospital or treatment center -must be used
u:iv Hiirim. this legislative session, ecttiiift tirst, ne said.
-o --o ... .
drunk in Nebraska would be a crime.
LB 129, introduced by Sen. Samuel
Cullan of Hemingford, provides that a
drunk person can be arrested by any peace
officer without a warrant. The intoxicat
ed person would be held until the officer
could file a complaint and a warrant issued.
Cullan's bill also states that the person
arrested will be charged with a class ill mis
demeanor. He said this offense could bring up to
three months in jail, a $500 fine, or both, public property utilized for proprietary or
He said intoxication would be determined business uses that invite patronage by the
by procedures similar to what is used with public.
"It's not the law that's the problem "
Wescly said. "It's the police. They are not
taking advantage of the law."
Quasi-public drunkenness
LB87, introduced by Sen. Marge Iliggins
of Omaha, would permit removal of a
drunk person from quasi-public places.
Quasi-public, explained Higgins, is "any
where the public is generally invited to
come." Her bill defines it as private or
drivers suspected of intoxication.
In 1977, public drunkenness was de
criminalized. In 1979, Cullan introduced
a bill similar to LB 129; it was killed by the
senator himself.
Federal funds jeopardized
He said lie killed the bill to retain fed
eral funds for alcohol treatment centers.
They would have been lost if it passed. If
LB 129 passes, the state stands to lose up to
$250,000 in federal funds, Cullen said.
The 1980 Legislature passed two bills
to aid treatment centers, Cullan said. But,
he said, the centers and other programs
have not solved the public drunkenness
problem.
"Much crime is directly related to
alcohol," Cullan said. "The fact of the
matter is that people who drink, do drive.
Hauling people in before they do some
thing more is preventing more serious
crime."
He said the bill would allow police to population is more than 65 years old.
remove drunken persons from the street Seven senior citizen living facilities also
and other public areas, but not from bars are in the area.
or their homes. Many people, she said, are "literal!
According to Lincoln Sen. Don Wesely, scared to go out in daylight because of
the state does not need a bill to allow derelicts," she said.
police to pick up drunk persons. He said Higgins said a similar bill was introduced
legislation was passed last year allowing from her district but never got out of coin
police to hold an intoxicated person for up mittee.
The bill specifies that the intoxicated
person be held in civil custody no longer
than 12 hours, and that removal fiom
public property will not be considered an
arrest.
Although the pickup would be record
ed, it would not be put on criminal record,
Iliggins said.
Higgins said the person would be placed
in a "drunk tank." Her bill mandates that
the person will not be confined with those
arrested for criminal acts.
Current law, she said, does not permit a
drunk person to be removed from a public
place.
"If they want to go to sleep on a
shopping mall, you can't arrest them,"
I liggins said.
The problem, she said, is that "the dere
licts arc getting bolder and bolder." There
fore, the frequency of muggings is increas
ing, she said.
In Iliggins district. 45 percent of the
, -L '
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