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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: 0 benefits, 0 costs, 2 mixed.

New deposition rules in sexual assault cases

If a party plans to ask at a deposition about sexual-history evidence or a prior alleged false accusation, the motion must say so without naming or identifying the witness or stating grounds. If the other party objects, the written objection also must omit the witness’s identity and the grounds. After an objection, the court holds a private in-camera hearing at least seven days before the deposition; the record is sealed, and questions are allowed only if the testimony could be relevant and admissible at trial. A victim may have an advocate present; the prosecutor must inform the victim and, when possible, notify the defendant; the advocate cannot interfere or give legal advice. A deposition taken under this section can be used at trial only to contradict or impeach the witness.

Stronger limits on sexual history evidence

In sexual-misconduct cases, courts generally cannot use evidence about a victim’s other sexual behavior or sexual predisposition. In criminal cases, limited evidence can come in to show another source of semen, injury, or physical evidence; to show similar behavior with the accused to support consent; or when needed to protect the accused’s constitutional rights. In civil cases, such evidence is allowed only if its value clearly outweighs harm to the victim and unfair prejudice, and reputation evidence is allowed only if the victim puts it at issue. In civil cases, consent is not admissible when the actor is 19 or older and the victim is under 16 for penetration, or under 15 for sexual contact. Anyone seeking to offer this evidence in criminal cases must file a motion at least 15 days before trial, serve all parties and the victim or guardian, and the court must hold a private in-camera hearing before any admission.

Sponsors & Cosponsors

Sponsor

  • Wendy DeBoer

    legislature

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 227 • No: 17

legislature vote • 4/24/2026

Vote

Yes: 37 • No: 2 • Other: 10

legislature vote • 4/24/2026

Vote

Yes: 40 • No: 0 • Other: 9

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

Actions Timeline

  1. Approved by Governor on February 24, 2026

    2/25/2026legislature

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

    2/20/2026legislature

  3. President/Speaker signed

    2/20/2026legislature

  4. Presented to Governor on February 20, 2026

    2/20/2026legislature

  5. Placed on Final Reading

    2/17/2026legislature

  6. Enrollment and Review ER110 adopted

    2/9/2026legislature

  7. Advanced to Enrollment and Review for Engrossment

    2/9/2026legislature

  8. Placed on Select File with ER110

    2/3/2026legislature

  9. Enrollment and Review ER110 filed

    2/3/2026legislature

  10. Judiciary AM878 pending

    1/29/2026legislature

  11. DeBoer AM1774 adopted

    1/29/2026legislature

  12. Judiciary AM878 adopted

    1/29/2026legislature

  13. Advanced to Enrollment and Review Initial

    1/29/2026legislature

  14. DeBoer AM1774 to AM878 filed

    1/28/2026legislature

  15. Title printed. Carryover bill

    1/7/2026legislature

  16. Placed on General File with AM878

    5/12/2025legislature

  17. Judiciary AM878 filed

    5/12/2025legislature

  18. Notice of hearing for March 12, 2025

    2/6/2025legislature

  19. Referred to Judiciary Committee

    1/14/2025legislature

  20. Raybould name added

    1/14/2025legislature

  21. Date of introduction

    1/10/2025legislature

Bill Text

  • Introduced

    2/25/2026

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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