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743 sections in this chapter.
Neb. Rev. Stat. § 29-2410 Replevy of fine and costs; effect.
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In all cases where the person or persons, convicted as aforesaid, shall replevy the fine and costs, as is provided in the section 29-2409, no execution shall issue for such fine and costs as prescribed in the section 29-2408, and further, such person or persons, after replevying …
Neb. Rev. Stat. § 29-2411 Judgments for fines, costs, and forfeited recognizances; execution in other counties.
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Executions for fines and costs of prosecution, and on recognizances taken in pursuance of section 29-2409, may be issued into any county in this state.
Neb. Rev. Stat. § 29-2412 Fine and costs; financial ability to pay; hearing; nonpayment; commutation upon confinement; credit; amount.
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(1) Beginning July 1, 2019: (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date of such fines or costs, or for failure to comply with the terms of an order pursuant to …
Neb. Rev. Stat. § 29-2413 Judgments for fines and costs; execution in another county or against real estate; filing of transcript in district court.
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In every case, whenever it is desirable to obtain execution to be issued to another county, or against the lands or real estate of any person against whom a judgment for fine or costs has been rendered by a magistrate, the magistrate may file with the clerk of the district court …
Neb. Rev. Stat. § 29-2414 Sentence to hard labor; employment of convicts in jail.
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For the purpose of enabling the county board of any county in this state to employ in a profitable manner all persons who have heretofore been or may hereafter be sentenced to hard labor in the jail of the county, the board, or a majority of them, shall have power to designate th…
Neb. Rev. Stat. § 29-2415 Jail convict labor; disposition of proceeds.
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It shall be the duty of the county board to make the contracts for the employment of convicts as specified in section 29-2414, and the sheriff of the county, or such other person as may be charged with the administrative direction of the jail, shall collect the proceeds of all su…
Neb. Rev. Stat. § 29-2519 Statement of intent.
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(1) The Legislature hereby finds that it is reasonable and necessary to establish mandatory standards for the imposition of the sentence of death; that the imposition of the death penalty in every instance of the commission of the crimes specified in section 28-303 fails to allow…
Neb. Rev. Stat. § 29-2520 Aggravation hearing; procedure.
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(1) Whenever any person is found guilty of a violation of section 28-303 and the information contains a notice of aggravation as provided in section 29-1603, the district court shall, as soon as practicable, fix a date for an aggravation hearing to determine the alleged aggravati…
Neb. Rev. Stat. § 29-2521 Sentencing determination proceeding.
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(1) When a person has been found guilty of murder in the first degree and (a) a jury renders a verdict finding the existence of one or more aggravating circumstances as provided in section 29-2520 or (b)(i) the information contains a notice of aggravation as provided in section 2…
Neb. Rev. Stat. § 29-2521.01 Legislative findings.
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The Legislature hereby finds that: (1) Life is the most valuable possession of a human being, and before taking it, the state should apply and follow the most scrupulous standards of fairness and uniformity; (2) The death penalty, because of its enormity and finality, should neve…
Neb. Rev. Stat. § 29-2521.02 Criminal homicide cases; review and analysis by Supreme Court; manner.
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The Supreme Court shall within a reasonable time after July 22, 1978, review and analyze all cases involving criminal homicide committed on or after April 20, 1973. Such review and analysis shall examine (1) the facts including mitigating and aggravating circumstances, (2) the ch…
Neb. Rev. Stat. § 29-2521.03 Criminal homicide cases; appeal; sentence; Supreme Court review.
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The Supreme Court shall, upon appeal, determine the propriety of the sentence in each case involving a criminal homicide by comparing such case with previous cases involving the same or similar circumstances. No sentence imposed shall be greater than those imposed in other cases …
Neb. Rev. Stat. § 29-2521.04 Criminal homicide cases; Supreme Court review and analyze; district court; provide records.
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Each district court shall provide all records required by the Supreme Court in order to conduct its review and analysis pursuant to sections 29-2521.01 to 29-2522 and 29-2524.
Neb. Rev. Stat. § 29-2521.05 Aggravating circumstances; interlocutory appeal prohibited.
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The verdict of a jury as to the existence or nonexistence of the alleged aggravating circumstances or, when the right to a jury determination of the alleged aggravating circumstances has been waived, the determination of a panel of judges with respect thereto, shall not be an app…
Neb. Rev. Stat. § 29-2522 Sentence; considerations; determination; contents.
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The panel of judges for the sentencing determination proceeding shall either unanimously fix the sentence at death or, if the sentence of death was not unanimously agreed upon by the panel, fix the sentence at life imprisonment. Such sentence determination shall be based upon the…
Neb. Rev. Stat. § 29-2523 Aggravating and mitigating circumstances.
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The aggravating and mitigating circumstances referred to in sections 29-2519 to 29-2524 shall be as follows: (1) Aggravating Circumstances: (a) The offender was previously convicted of another murder or a crime involving the use or threat of violence to the person, or has a subst…
Neb. Rev. Stat. § 29-2524 Sections; how construed.
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Nothing in sections 25-1140.09, 28-303, 28-313, and 29-2519 to 29-2546 shall be in any way deemed to repeal or limit existing procedures for automatic review of capital cases, nor shall they in any way limit the right of the Supreme Court to reduce a sentence of death to a senten…
Neb. Rev. Stat. § 29-2524.01 Criminal homicide; report filed by county attorney; contents; time of filing.
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Each county attorney shall file a report with the State Court Administrator for each criminal homicide case filed by him. The report shall include (1) the initial charge filed, (2) any reduction in the initial charge and whether such reduction was the result of a plea bargain or …
Neb. Rev. Stat. § 29-2524.02 State Court Administrator; criminal homicide report; provide forms.
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The State Court Administrator shall provide all forms necessary to carry out sections 29-2524.01 and 29-2524.02.
Neb. Rev. Stat. § 29-2525 Capital punishment cases; appeal; procedure; expedited opinion.
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In cases when the punishment is capital, no notice of appeal shall be required and within the time prescribed by section 25-1912 for the commencement of proceedings for the reversing, vacating, or modifying of judgments, the clerk of the district court in which the conviction was…
Neb. Rev. Stat. § 29-2527 Briefs; payment for printing by county.
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The cost of printing briefs on behalf of any person convicted of an offense for which the punishment adjudged is capital shall be paid by the county.
Neb. Rev. Stat. § 29-2528 Death penalty cases; Supreme Court; orders.
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In all cases when the death penalty has been imposed by the district court, the Supreme Court shall, after consideration of the appeal, order the prisoner to be discharged, a new trial to be had, or appoint a day certain for the execution of the sentence.
Neb. Rev. Stat. § 29-2537 Convicted person; appears to be incompetent; notice to judge; suspend sentence; commission appointed; findings; suspension of execution; when; annual review.
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(1) If any convicted person under sentence of death shall appear to be incompetent, the Director of Correctional Services shall forthwith give notice thereof to a judge of the district court of the judicial district in which the convicted person was tried and sentenced and such j…
Neb. Rev. Stat. § 29-2538 Suspension of execution pending investigation; convict found competent; Supreme Court; appoint a day of execution.
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If a court has suspended the execution of the convicted person pending an investigation as to his or her competency, the date for the enforcement of the convicted person's sentence has passed, and the convicted person is found to be competent, the court shall certify that finding…
Neb. Rev. Stat. § 29-2539 Commission members; mileage; payment.
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The members of the commission appointed pursuant to section 29-2537 shall each receive mileage at the rate authorized in section 81-1176 for state employees for each mile actually and necessarily traveled in reaching and returning from the place where the convicted person is conf…
Neb. Rev. Stat. § 29-2540 Female convicted person; pregnant; notice to judge; procedures.
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If a female convicted person under sentence of death shall appear to be pregnant, the Director of Correctional Services shall in like manner notify the judge of the district court of the county in which she was sentenced, who shall in all things proceed as in the case of an incom…
Neb. Rev. Stat. § 29-2541 Female convicted person; finding convicted person is pregnant; judge; duties; costs.
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If the commission appointed pursuant to section 29-2537 finds that the female convicted person is pregnant, the court shall suspend the execution of her sentence. At such time as it shall be determined that such woman is no longer pregnant, the judge shall appoint a date for her …
Neb. Rev. Stat. § 29-2542 Escaped convict; return; notify Supreme Court; fix date of execution.
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If any person who has been convicted of a crime punishable by death, and sentenced to death, shall escape, and shall not be retaken before the time fixed for his or her execution, it shall be lawful for the Director of Correctional Services, or any sheriff or other officer or per…
Neb. Rev. Stat. § 29-2543 Person convicted of crime sentenced to death; Supreme Court; warrant.
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(1) Whenever any person has been tried and convicted before any district court in this state, has been sentenced to death, and has had his or her sentence of death affirmed by the Supreme Court on mandatory direct review, it shall be the duty of the Supreme Court to issue a warra…
Neb. Rev. Stat. § 29-2546 Reversal of judgment of conviction; delivery of convicted person to custody of sheriff; await further judgment and order of court.
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Whenever the Supreme Court reverses the judgment of conviction in accordance with which any convicted person has been sentenced to death and is confined in a Department of Correctional Services adult correctional facility as herein provided, it shall be the duty of the Director o…
Neb. Rev. Stat. § 29-2639 Compact, how cited.
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Sections 29-2639 and 29-2640 shall be known and may be cited as the Interstate Compact for Adult Offender Supervision.
Neb. Rev. Stat. § 29-2640 Interstate Compact for Adult Offender Supervision.
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The Governor is hereby authorized and directed to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows: The compacting states solemnly agree: ARTICLE I PURPOSE The compacting states to this interstat…
Neb. Rev. Stat. § 29-2701 Fines, costs, forfeited recognizances; to whom paid.
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All money due upon any judgment for fines, costs, or forfeited recognizances shall be paid to the judge or clerk of the court where the judgment is pending, if paid before execution is issued therefor, otherwise to the officer holding the execution, or such money may be paid to t…
Neb. Rev. Stat. § 29-2702 Money received; disposition.
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Every judge or clerk of court, upon receiving any money on account of forfeited recognizances, fines, or costs accruing or due to the county or state, shall pay the same to the treasurer of the proper county, except as may be otherwise expressly provided, within thirty days from …
Neb. Rev. Stat. § 29-2703 Costs; county not liable; exception.
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No costs shall be paid from the county treasury in any case of prosecution for a misdemeanor except as provided in section 29-2709.
Neb. Rev. Stat. § 29-2704 Preliminary examinations for felony; transcript of costs; audit; allowance; payment.
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Upon examination in county court on complaint of a felony, whether the accused is held to answer in court or discharged, the court may file with the county clerk a certified transcript of the costs as assessed under section 29-2709, giving the items of the same, and to whom each …
Neb. Rev. Stat. § 29-2705 Clerk of district court; cost bill in felony cases; payment.
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Upon the discharge or conviction of the defendant in any case of felony in the district court, it shall be lawful for the clerk of such court to file in the office of the county clerk a bill of the costs not previously allowed by the county board, whereupon the same shall be exam…
Neb. Rev. Stat. § 29-2706 Conviction in felony cases; fines and costs; collection from defendant; disposition of amount collected.
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In any case of indictment for felony, where the defendant shall be convicted, it shall be the duty of the county attorney, clerk of the court, and sheriff of the county to use all lawful means within the scope of their respective powers, if need be, for the collection of the cost…
Neb. Rev. Stat. § 29-2708 Receipts; to what funds credited; disbursement of costs in criminal cases.
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All money arising from fines and recognizances shall be credited by the county treasurer to the county school fund except as provided by Article VII, section 5, Constitution of Nebraska, and the costs and proceeds of jail labor shall be credited to the county general fund. Whenev…
Neb. Rev. Stat. § 29-2709 Uncollectible costs; certification; payment; conditions.
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When any costs in misdemeanor, traffic, felony preliminary, or juvenile cases in county court, except for those costs provided for in subsection (3) of section 24-703, two dollars of the fee provided in section 33-107.01, the court automation fee provided in section 33-107.03, an…
Neb. Rev. Stat. § 29-2710 Witness fees; criminal cases in district court; by whom paid.
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The fees of all witnesses in criminal cases in the district court shall be paid by the county where the indictment is found.
Neb. Rev. Stat. § 29-2801 Habeas corpus; writ; when allowed.
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If any person, except persons convicted of some crime or offense for which they stand committed, or persons committed for treason or felony, the punishment whereof is capital, plainly and specially expressed in the warrant of commitment, now is or shall be confined in any jail of…
Neb. Rev. Stat. § 29-2802 Writ; applicant; to be taken before judge; return.
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It shall be the duty of the officer or person to whom such writ shall be directed to convey the person or persons so imprisoned or detained and named in such writ, before the judge allowing the same, or, in case of his absence or disability, before some other judge of the same co…
Neb. Rev. Stat. § 29-2803 Habeas corpus; applicant; subpoena for witnesses.
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Whenever a habeas corpus shall be issued to bring the body of any prisoner committed as aforesaid, unless the court or judge issuing the same shall deem it wholly unnecessary and useless, the court or judge shall issue a subpoena to the sheriff of the county where such person sha…
Neb. Rev. Stat. § 29-2804 Subpoena; duty of witness; noncompliance; penalty.
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It shall be the duty of the witness or witnesses thus served with subpoena to attend and give evidence before the judge or court issuing the same, on pain of being guilty of a contempt, in which event he or they shall be proceeded against accordingly by the judge or court.
Neb. Rev. Stat. § 29-2805 Habeas corpus; hearing by court or judge; procedure.
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On the hearing of any habeas corpus issued as aforesaid, it shall be the duty of the judge or court who shall hear the same to examine the witness or witnesses aforesaid, and such other witnesses as the prisoner may request, touching any offense mentioned in the warrant of commit…
Neb. Rev. Stat. § 29-2806 Habeas corpus; disposition of cause.
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When the judge shall have examined into the cause of the capture and detention of the person so brought before him, and shall be satisfied that the person is unlawfully imprisoned or detained, he shall forthwith discharge such prisoner from confinement. In case the person or pers…
Neb. Rev. Stat. § 29-2807 Writ; failure to obey; penalty.
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If any person to whom such writ of habeas corpus shall be directed as aforesaid, shall neglect or refuse to obey or make return of the same according to the command thereof, or shall make a false return of the writ, or upon demand made by the prisoner, or any person in his or her…
Neb. Rev. Stat. § 29-2808 Writ; failure to issue; penalty.
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If any clerk of the district court shall refuse to issue such writ after allowance and demand made as aforesaid, he shall forfeit to the party aggrieved the sum of five hundred dollars.
Neb. Rev. Stat. § 29-2809 Applicant discharged; rearrest for same offense prohibited; penalty; exceptions.
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Any person who shall be set at large upon any habeas corpus, shall not be again imprisoned for the same offense, unless by the legal order or process of the court wherein he or she shall be bound by recognizance to appear, or other court having jurisdiction of the cause or offens…