Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Neb. Rev. Stat. § 29-2106 Arrest of judgment; effect.
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The effect of allowing a motion in arrest of judgment shall be to place the defendant in the same position with respect to the prosecution as before the indictment was found. If, from the evidence on the trial, there shall be sufficient reason to believe him guilty of an offense,…
Neb. Rev. Stat. § 29-211 Motor vehicle pursuit; law enforcement agency; adopt policy; contents; training.
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(1) Each law enforcement agency within the State of Nebraska shall adopt and implement a written policy regarding the pursuit of motor vehicles. Such policy shall contain at least the following elements: (a) Standards which describe when a pursuit may be initiated, taking into co…
Neb. Rev. Stat. § 29-212 Missing Persons Information Clearinghouse; terms, defined.
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For purposes of sections 29-212 to 29-214.01, unless the context otherwise requires: (1) Missing person means a person who has been reported as missing to a law enforcement agency; and (2) Missing Persons Information Clearinghouse means the repository established within the Nebra…
Neb. Rev. Stat. § 29-213 Missing Persons Information Clearinghouse; missing person report; law enforcement agency; duties.
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When a report of a missing person has been received by a law enforcement agency having jurisdiction, the agency shall notify: (1) On-duty personnel of the agency, as soon as practicable, through internal means and over the appropriate police radio network; (2) All law enforcement…
Neb. Rev. Stat. § 29-214 Missing Persons Information Clearinghouse; missing person report; unemancipated minor; law enforcement agency; duties.
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(1) If a report of a missing person involves an unemancipated minor, the law enforcement agency shall immediately transmit the proper information for inclusion in the National Crime Information Center computer and the Missing Persons Information Clearinghouse. (2) If a report of …
Neb. Rev. Stat. § 29-214.01 Missing Persons Information Clearinghouse; Nebraska State Patrol; powers and duties.
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(1) The Missing Persons Information Clearinghouse is established within the Nebraska State Patrol. The Nebraska State Patrol shall provide for the administration of the clearinghouse and may adopt and promulgate rules and regulations to carry out the provisions of this section. (…
Neb. Rev. Stat. § 29-215 Law enforcement officers; jurisdiction; powers; contracts authorized.
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(1) A law enforcement officer has the power and authority to enforce the laws of this state and of the political subdivision which employs the law enforcement officer or otherwise perform the functions of that office anywhere within his or her primary jurisdiction. (2) Any law en…
Neb. Rev. Stat. § 29-216 Victim of sex offense; law enforcement officer, prosecuting officer, or government official; prohibited acts.
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(1) No law enforcement officer, prosecuting officer, or other government official shall ask or require an adult, youth, or child victim of a sex offense as defined under federal, tribal, state, territorial, or local law to submit to a polygraph examination or other truth-telling …
Neb. Rev. Stat. § 29-217 Victim of certain criminal activity; visa; request for assistance; certifying agency or official; powers and duties.
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(1) For purposes of this section: (a) Certifying agency means a state or local law enforcement agency, prosecutor, or other authority that has responsibility for the investigation or prosecution of qualifying criminal activity, as described in 8 C.F.R. 214.14(a)(2); (b) Certifyin…
Neb. Rev. Stat. § 29-2201 Verdict of guilty; accused to be notified before sentence.
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Before the sentence is pronounced, the defendant must be informed by the court of the verdict of the jury, and asked whether he has anything to say why judgment should not be passed against him.
Neb. Rev. Stat. § 29-2202 Verdict of guilty; judgment; when pronounced; suspension of sentence; when; bail.
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Except as provided in sections 29-2292 to 29-2294 or 29-4801 to 29-4804, if the defendant has nothing to say, or if he or she shows no good and sufficient cause why judgment should not be pronounced, the court shall proceed to pronounce judgment as provided by law. The court, in …
Neb. Rev. Stat. § 29-2203 Defense of not responsible by reason of insanity; how pleaded; burden of proof; notice before trial; examination of defendant; acquittal; further proceedings.
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(1) Any person prosecuted for an offense may plead that he or she is not responsible by reason of insanity at the time of the offense and in such case the burden shall be upon the defendant to prove the defense of not responsible by reason of insanity by a preponderance of the ev…
Neb. Rev. Stat. § 29-2204 Sentence for felony other than Class III, IIIA, or IV felony; court; duties; study of offender; when; defendant under eighteen years of age; disposition.
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(1) Except when a term of life imprisonment is required by law, in imposing a sentence upon an offender for any class of felony other than a Class III, IIIA, or IV felony, the court shall fix the minimum and the maximum terms of the sentence to be served within the limits provide…
Repealed. Laws 2015, LB 605, § 112.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2204.02 Sentence for Class III, IIIA, or IV felony; court; duties; defendant under eighteen years of age; disposition.
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(1) Except when a term of probation is required by law as provided in subsection (2) of this section or except as otherwise provided in subsection (4) of this section, in imposing a sentence upon an offender for a Class III, IIIA, or IV felony, the court shall: (a) Impose a deter…
Neb. Rev. Stat. § 29-2204.03 Study of offender; commitment to Department of Correctional Services; written report; costs.
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(1) When the court is of the opinion that imprisonment may be appropriate but desires more detailed information as a basis for determining the sentence to be imposed than has been provided by the presentence report required by section 29-2261, the court shall commit an offender t…
Repealed. Laws 1987, LB 665, § 3.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2206 Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator's license.
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(1)(a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand…
Neb. Rev. Stat. § 29-2206.01 Fine and costs; payment of installments; violation; penalty; hearing.
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Installments provided for in section 29-2206 shall be paid pursuant to the order entered by the court or magistrate. Any person who fails to comply with the terms of such order shall be liable for punishment for contempt, unless such person has the leave of the court or magistrat…
Neb. Rev. Stat. § 29-2207 Judgment for costs upon conviction; requirement.
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In every case of conviction of any person for any felony or misdemeanor, it shall be the duty of the court or magistrate to render judgment for the costs of prosecution against the person convicted and remit the assessment as provided in section 33-157.
Neb. Rev. Stat. § 29-2208 Fines or costs; person financially unable to pay; hearing; determination; court or magistrate; powers; order; operate as release.
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(1) A person who has been ordered to pay fines or costs and who has not been arrested or brought into custody as described in subdivision (1)(a) of section 29-2412 but who believes himself or herself to be financially unable to pay such fines or costs may request a hearing to det…
Repealed. Laws 1984, LB 13, § 90.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1957, c. 106, § 22.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 113, § 3.
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[Repealed or reserved.]
Repealed. Laws 1957, c. 106, § 22.
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[Repealed or reserved.]
Repealed. Laws 1957, c. 106, § 22.
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[Repealed or reserved.]
Repealed. Laws 1984, LB 13, § 90.
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[Repealed or reserved.]
Repealed. Laws 1984, LB 13, § 90.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1984, LB 13, § 90.
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[Repealed or reserved.]
Repealed. Laws 1957, c. 106, § 22.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2221 Habitual criminal, defined; procedure for determination; hearing; penalties; effect of pardon.
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(1) Whoever has been twice convicted of a crime, sentenced, and committed to prison, in this or any other state or by the United States or once in this state and once at least in any other state or by the United States, for terms of not less than one year each shall, upon convict…
Neb. Rev. Stat. § 29-2222 Hearing; copy of former judgment as evidence.
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At the hearing of any person charged with being a habitual criminal, a duly authenticated copy of the former judgment and commitment, from any court in which such judgment and commitment was had, for any of such crimes formerly committed by the party so charged, shall be competen…
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]