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NebraskaLB103109th Legislature 1st and 2nd Sessionslegislature

Change provisions relating to admissibility of evidence of past sexual assaults and the procedure for taking depositions of certain witnesses

Sponsored By: Wendy DeBoer

Signed by Governor

Judiciary Committee

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Sexual-assault victims get safer depositions

After an indictment in a felony case, a lawyer who plans to ask about a victim’s past sexual behavior or an alleged false claim must say so in the motion without naming the witness or giving details. If the other side objects in writing, the judge holds a private hearing at least seven days before the deposition. The judge allows those questions only if they are relevant and admissible at trial. A sexual-assault victim may ask to have an advocate at the deposition. The prosecutor must tell the victim about this option and must tell the defendant if an advocate will attend. The advocate cannot give legal advice or disrupt the deposition.

Tighter limits on victim sexual history evidence

In sexual-misconduct cases, the court blocks evidence about a victim’s other sexual behavior, sexual predisposition, or past assaults. In criminal cases, a judge may allow it only to show another source of semen or injury, to show consent through similar conduct by the accused, or to protect the accused’s constitutional rights. In civil cases, it is allowed only if its value substantially outweighs harm to the victim and unfair prejudice. Reputation evidence is allowed only if the victim puts it at issue. A party must file a motion at least 15 days before trial. The judge holds a private hearing and seals the record.

Sponsors & Cosponsors

Sponsor

  • Wendy DeBoer

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 227 • No: 17

legislature vote • 2/20/2026

Final Reading

Yes: 38 • No: 8

legislature vote • 1/29/2026

Vote

Yes: 35 • No: 5 • Other: 9

legislature vote • 1/29/2026

Vote

Yes: 37 • No: 2 • Other: 10

legislature vote • 1/29/2026

Vote

Yes: 40 • No: 0 • Other: 9

legislature vote • Unknown

Vote

Yes: 37 • No: 2 • Other: 10

legislature vote • Unknown

Vote

Yes: 40 • No: 0 • Other: 9

Actions Timeline

  1. Approved by Governor on February 24, 2026

    2/24/2026legislature

  2. Presented to Governor on February 20, 2026

    2/20/2026legislature

  3. President/Speaker signed

    2/20/2026legislature

  4. Passed on Final Reading 38-8*-3

    2/20/2026legislature

  5. Placed on Final Reading

    2/17/2026legislature

  6. Advanced to Enrollment and Review for Engrossment

    2/9/2026legislature

  7. Enrollment and Review ER110 adopted

    2/9/2026legislature

  8. Enrollment and Review ER110 filed

    2/3/2026legislature

  9. Placed on Select File with ER110

    2/3/2026legislature

  10. Advanced to Enrollment and Review Initial

    1/29/2026legislature

  11. Judiciary AM878 adopted

    1/29/2026legislature

  12. DeBoer AM1774 adopted

    1/29/2026legislature

  13. Judiciary AM878 pending

    1/29/2026legislature

  14. DeBoer AM1774 to AM878 filed

    1/28/2026legislature

  15. Title printed. Carryover bill

    1/7/2026legislature

  16. Judiciary AM878 filed

    5/12/2025legislature

  17. Placed on General File with AM878

    5/12/2025legislature

  18. Notice of hearing for March 12, 2025

    2/6/2025legislature

  19. Raybould name added

    1/14/2025legislature

  20. Referred to Judiciary Committee

    1/14/2025legislature

  21. Date of introduction

    1/10/2025legislature

Bill Text

  • Introduced

    1/10/2025

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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