Chapter 29 — CRIMINAL PROCEDURE

1,051 sections in this chapter.

1,051 sectionsFiltered byCh 29

Neb. Rev. Stat. § 29-2266.03 Probation officer; imposition of custodial sanction; report to sentencing court; hearing; notice; rights of probationer; county attorney; powers; commitment order.
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(1) Whenever a probation officer seeks to impose a custodial sanction and the probationer acknowledges the violation, agrees to the custodial sanction, and waives the hearing, the probation officer shall submit a written report to the sentencing court outlining the nature of the …
Neb. Rev. Stat. § 29-2267 Probation; revocation; procedure; extend probation term, when.
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(1) Whenever a motion or information to revoke probation is filed, the probationer shall be entitled to a prompt consideration of such charge by the sentencing court. The court shall not revoke probation or increase the probation requirements imposed on the probationer, except af…
Neb. Rev. Stat. § 29-2268 Probation; post-release supervision; violation; court; determination.
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(1) If the court finds that the probationer, other than a probationer serving a term of post-release supervision, did violate a condition of his or her probation, it may revoke the probation and impose on the offender such new sentence as might have been imposed originally for th…
Neb. Rev. Stat. § 29-2269 Act, how cited.
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Sections 29-2243 to 29-2269 shall be known and may be cited as the Nebraska Probation Administration Act.
Neb. Rev. Stat. § 29-2270 Individual less than nineteen years of age; conditions of probation.
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Any individual who is less than nineteen years of age and who is subject to the supervision of a juvenile probation officer or an adult probation officer pursuant to an order of the district court, county court, or juvenile court shall, as a condition of probation, be required to…
Neb. Rev. Stat. § 29-2271 Individuals less than nineteen years of age; applicability of section.
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Section 29-2270 shall not apply to individuals who pass the general education development test or who earn a high school diploma. Subdivision (2) of section 29-2270 shall not apply to an individual required to attend school pursuant to section 79-201.
Neb. Rev. Stat. § 29-2272 Individuals less than nineteen years of age; readmission to school; school officials; duties; court review; expulsion; screening for disabilities.
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(1) If the individual chooses to meet the requirements of section 29-2270 by attending a public school and the individual has previously been expelled from school, prior to the readmission of the individual to the school, school officials shall meet with the individual's probatio…
Neb. Rev. Stat. § 29-2273 Individuals less than nineteen years of age; establishment of programs; authorized.
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The school district and the district court, county court, or juvenile court may establish education, counseling, or other programs to improve the behavior and educational performance of individuals covered by section 29-2270.
Neb. Rev. Stat. § 29-2274 Post-release supervision; report; contents.
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(1) Beginning October 1, 2024, the Office of Probation Administration shall electronically submit a quarterly report to the Judiciary Committee of the Legislature and the Appropriations Committee of the Legislature regarding individuals serving sentences of post-release supervisi…
Repealed. Laws 1989, LB 2, § 2.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 2, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2277 Terms, defined.
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As used in sections 29-2277 to 29-2279, unless the context otherwise requires: (1) Agency means any public or governmental unit, institution, division, or agency or any private nonprofit organization which provides services intended to enhance the social welfare or general well-b…
Neb. Rev. Stat. § 29-2278 Community service; sentencing; when; failure to perform; effect; exception to eligibility.
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An offender may be sentenced to community service (1) as an alternative to a fine, incarceration, or supervised probation, or in lieu of incarceration if he or she fails to pay a fine as ordered, except when the violation of a misdemeanor or felony requires mandatory incarceratio…
Neb. Rev. Stat. § 29-2279 Community service; length.
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The length of a community service sentence shall be as follows: (1) Pursuant to section 29-2206, 29-2208, or 29-2412, for an infraction, not less than four nor more than twenty hours; (2) For a violation of a city ordinance that is an infraction and not pursuant to section 29-220…
Neb. Rev. Stat. § 29-2280 Restitution; order; when.
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A sentencing court may order the defendant to make restitution for the actual physical injury or property damage or loss sustained by the victim as a direct result of the offense for which the defendant has been convicted. With the consent of the parties, the court may order rest…
Neb. Rev. Stat. § 29-2281 Restitution; determination of amount; fines and costs; manner and priority of payment.
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(1) To determine the amount of restitution, the court may hold a hearing at the time of sentencing. The amount of restitution shall be based on the actual damages sustained by the victim and shall be supported by evidence which shall become a part of the court record. The court s…
Neb. Rev. Stat. § 29-2282 Property damage; bodily injury; death; relief authorized.
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In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if possible; (2) payment of the reasonable value of repairing the property, including property returned by the defendan…
Neb. Rev. Stat. § 29-2283 Collateral payment; effect; setoff.
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The court shall not impose restitution for a loss for which the victim has received compensation, except that the court may order payment by the defendant to any person who has compensated the victim to the extent that such compensation has been provided. Any amount paid to a vic…
Neb. Rev. Stat. § 29-2284 Probation or parole; revocation; conditions.
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If the defendant is placed on probation or paroled, the court may revoke probation, and the Board of Parole may revoke parole if the defendant fails to comply with the restitution order. In determining whether to revoke probation or parole, the court or Board of Parole shall cons…
Neb. Rev. Stat. § 29-2285 Restitution; petition to adjust; procedures.
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A defendant, victim, or the personal representative of the victim's estate may petition the sentencing court to adjust or otherwise waive payment or performance of any ordered restitution or any unpaid or unperformed portion thereof. The court may schedule a hearing and give the …
Neb. Rev. Stat. § 29-2286 Restitution; enforcement; by whom.
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An order of restitution may be enforced by a victim named in the order to receive the restitution or the personal representative of the victim's estate in the same manner as a judgment in a civil action. If the victim is deceased and no claim is filed by the personal representati…
Neb. Rev. Stat. § 29-2287 Restitution; effect on civil action.
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(1) Sections 29-2280 to 29-2289 shall not limit or impair the right of a victim to sue and recover damages from the defendant in a civil action. (2) The findings in the sentencing hearing and the fact that restitution was required or paid shall not be admissible as evidence in a …
Neb. Rev. Stat. § 29-2288 Restitution; imposed on organization; persons liable to pay; failure; effect.
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If restitution is imposed on an organization, it shall be the duty of any person authorized to order the disbursement of assets of the organization, and his or her superiors, to pay the restitution from assets of the organization under his or her control. Failure to do so shall r…
Neb. Rev. Stat. § 29-2289 Victim's Compensation Fund; subrogation; subordination.
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(1) Whenever a victim is paid by the Victim's Compensation Fund for loss arising out of a criminal act, the fund shall be subrogated to the rights of the victim to any restitution ordered by the court. (2) The rights of the Victim's Compensation Fund shall be subordinate to the c…
Neb. Rev. Stat. § 29-2290 Test, counseling, and reports; when required; Department of Correctional Services; Department of Health and Human Services; duties; cost; appeal; effect.
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(1) Notwithstanding any other provision of law, when a person has been convicted of sexual assault pursuant to sections 28-317 to 28-320, sexual assault of a child in the second or third degree pursuant to section 28-320.01, sexual assault of a child in the first degree pursuant …
Neb. Rev. Stat. § 29-2291 Misdemeanor domestic violence conviction; notification to defendant; State Court Administrator's Office; duty.
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(1) When sentencing a person convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33), as such section existed on July 18, 2008, the court shall provide written or oral notification to the defendant that it may be a violation of federal law for the…
Neb. Rev. Stat. § 29-2292 Deferral of entry of judgment of conviction; defendant placed on probation; conditions; factors; new sentence; when.
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(1) Upon a finding of guilt for which a judgment of conviction may be rendered, a defendant may request the court defer the entry of judgment of conviction. Upon such request and after giving the prosecutor and defendant the opportunity to be heard, the court may defer the entry …
Neb. Rev. Stat. § 29-2293 Court order; fees.
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Upon entry of a deferred judgment pursuant to section 29-2292 or 29-4803, the court shall order the defendant to pay all administrative and programming fees authorized under section 29-2262.06, unless waived under such section. The defendant shall pay any such fees to the clerk o…
Neb. Rev. Stat. § 29-2294 Final order.
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An entry of deferred judgment pursuant to section 29-2292 or 29-4803 is a final order as defined in section 25-1902.
Neb. Rev. Stat. § 29-2301 Appeal; notice; effect.
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When a person is convicted of an offense and gives notice of his or her intention to appeal to the Court of Appeals or Supreme Court, the execution of the sentence or judgment shall be suspended until such time as the appeal has been determined. The trial court, in its discretion…
Neb. Rev. Stat. § 29-2302 Misdemeanor cases; appeal; recognizance.
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The execution of sentence and judgment against any person or persons convicted and sentenced in the district court for a misdemeanor shall be suspended during an appeal to the Court of Appeals or Supreme Court. The district court shall fix the amount of a recognizance, which in a…
Neb. Rev. Stat. § 29-2303 Felony cases; appeal; custody of person convicted; escape; procedures.
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Whenever a person shall be convicted of a felony, and the judgment shall be suspended as a result of the notice of appeal, it shall be the duty of the court to order the person so convicted into the custody of the sheriff, to be imprisoned until the appeal is disposed of, or such…
Repealed. Laws 1982, LB 722, § 13.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2305 Appeal; dismissed; conviction affirmed; procedure; defendant; credit for time incarcerated.
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If the appeal in such case is dismissed or the conviction is affirmed on hearing, such judgment shall be executed by the court by which it was rendered on receipt of the mandate of the appellate court. A defendant who was not admitted to bail during the time the appeal was pendin…
Neb. Rev. Stat. § 29-2306 Criminal case; docket fee; when paid by county; in forma pauperis; costs.
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If a defendant in a criminal case files, within thirty days after the entry of the judgment, order, or sentence, an application to proceed in forma pauperis in accordance with sections 25-2301 to 25-2310 with the clerk of the district court, then no payment of the docket fee shal…
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2308 Reduction of sentence; conditions; appellate court; powers.
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(1) In all criminal cases that now are or may hereafter be pending in the Court of Appeals or Supreme Court, the appellate court may reduce the sentence rendered by the district court against the accused when in its opinion the sentence is excessive, and it shall be the duty of t…
Repealed. Laws 1995, LB 127, § 3.
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[Repealed or reserved.]
Repealed. Laws 1982, LB 722, § 13.
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[Repealed or reserved.]
Repealed. Laws 1982, LB 722, § 13.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 411, § 1.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 411, § 1.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 411, § 1.
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[Repealed or reserved.]
Repealed. Laws 1959, c. 121, § 4.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2315 Prosecuting attorney, defined.
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For purposes of sections 29-2315.01 to 29-2325, prosecuting attorney means a county attorney, city attorney, or designated attorney.
Neb. Rev. Stat. § 29-2315.01 Appeal by prosecuting attorney; application; procedure.
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The prosecuting attorney may take exception to any ruling or decision of the court made during the prosecution of a cause by presenting to the trial court the application for leave to file an appeal with reference to the rulings or decisions of which complaint is made. Such appli…
Neb. Rev. Stat. § 29-2315.02 Error proceedings by county attorney; finding regarding indigency; effect on appointment of counsel for defendant; fees and expenses.
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If the application is granted in cases where the court finds a defendant to be indigent, the trial court shall first contact the public defender, in counties with a public defender, to inquire whether or not the public defender is able to accept the appointment to argue the case …