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743 sections in this chapter.
Neb. Rev. Stat. § 29-4009 Information not confidential; limit on disclosure.
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(1) Information obtained under the Sex Offender Registration Act shall not be confidential, except that the following information shall only be disclosed to law enforcement agencies, including federal or state probation or parole agencies, if appropriate: (a) A sex offender's soc…
Neb. Rev. Stat. § 29-401 Law violators; arrest by sheriff or other peace officer; juvenile under eighteen years; requirements.
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Every sheriff, deputy sheriff, marshal, deputy marshal, security guard, police officer, or peace officer as defined in section 49-801 shall arrest and detain any person found violating any law of this state or any legal ordinance of any city or incorporated village until a legal …
Neb. Rev. Stat. § 29-4011 Violations; penalties; investigation and enforcement.
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(1) Any person required to register under the Sex Offender Registration Act who violates the act is guilty of a Class IIIA felony. (2) Any person required to register under the act who violates the act and who has previously been convicted of a violation of the act is guilty of a…
Neb. Rev. Stat. § 29-4012 Immunity from liability.
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Law enforcement officials, their employees, and state officials shall be immune from liability for good faith conduct under the Sex Offender Registration Act.
Neb. Rev. Stat. § 29-4013 Rules and regulations; release of information; duties; access to public notification information; access to documents.
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(1) The Nebraska State Patrol shall adopt and promulgate rules and regulations to carry out the registration provisions of the Sex Offender Registration Act. (2)(a) The Nebraska State Patrol shall adopt and promulgate rules and regulations for the release of information pursuant …
Neb. Rev. Stat. § 29-4014 Person committed to Department of Correctional Services; attend sex offender treatment and counseling programming.
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Any person convicted of a crime requiring registration as a sex offender pursuant to section 29-4003 and committed to the Department of Correctional Services shall attend appropriate sex offender treatment and counseling programming offered by the department. Refusal to participa…
Neb. Rev. Stat. § 29-4015 Act, how cited.
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Sections 29-4015 to 29-4017 shall be known and may be cited as the Sexual Predator Residency Restriction Act.
Neb. Rev. Stat. § 29-4016 Terms, defined.
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For purposes of the Sexual Predator Residency Restriction Act: (1) Child care facility means a facility licensed pursuant to the Child Care Licensing Act; (2) Political subdivision means a village, a city, a county, a school district, a public power district, or any other unit of…
Neb. Rev. Stat. § 29-4017 Political subdivision restrictions on sex offender residency; requirements.
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(1) A political subdivision may enact an ordinance, resolution, or other legal restriction prescribing where sex offenders may reside only if the restrictions are limited to sexual predators, extend no more than five hundred feet from a school or child care facility, and meet the…
Neb. Rev. Stat. § 29-4018 Offense requiring civil commitment evaluation; sentencing court; duties.
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When sentencing a person convicted of an offense which requires a civil commitment evaluation pursuant to section 83-174.02, the sentencing court shall: (1) Provide written notice to the defendant that a civil commitment evaluation is required prior to his or her release from inc…
Neb. Rev. Stat. § 29-4019 Offense requiring lifetime community supervision; sentencing court; Department of Correctional Services; Department of Health and Human Services; city or county correctional or jail facility; duties.
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(1) When sentencing a person convicted of an offense which requires lifetime community supervision upon release pursuant to section 83-174.03, the sentencing court shall: (a) Provide written notice to the defendant that he or she shall be subject to lifetime community supervision…
Neb. Rev. Stat. § 29-402 Arrest by person not an officer.
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Any person not an officer may, without warrant, arrest any person, if a petit larceny or a felony has been committed, and there is reasonable ground to believe the person arrested guilty of such offense, and may detain him until a legal warrant can be obtained.
Neb. Rev. Stat. § 29-402.01 Shoplifters; detention; no criminal or civil liability.
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A peace officer, a merchant, or a merchant's employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the person into custody may, for the purpose of attempting to effect s…
Neb. Rev. Stat. § 29-402.02 Shoplifters; peace officer; arrest without warrant.
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Any peace officer may arrest without warrant any person he has probable cause for believing has committed larceny in retail or wholesale establishments.
Neb. Rev. Stat. § 29-402.03 Shoplifters; arrest; merchant or employee not liable.
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A merchant or a merchant's employee who causes the arrest of a person, as provided for in section 29-402.01, for larceny of goods held for sale shall not be criminally or civilly liable for slander, libel, false arrest, or false imprisonment where the merchant or merchant's emplo…
Neb. Rev. Stat. § 29-403 Warrant; who may issue.
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Judges of the district court and judges of the county court shall have power to issue process for the apprehension of any person charged with a criminal offense. Clerk magistrates shall have the power to issue such process as provided in section 24-519.
Neb. Rev. Stat. § 29-404 Complaint; filing; procedure; warrant; issuance.
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No complaint shall be filed with the magistrate unless such complaint is in writing and signed by the prosecuting attorney or by any other complainant. If the complainant is a person other than the prosecuting attorney or a city or village attorney prosecuting the violation of a …
Neb. Rev. Stat. § 29-404.01 Arrest without warrant; supplemental provisions.
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The provisions of sections 29-404.01 to 29-404.03 shall be supplemental and in addition to any other laws relating to the subject of arrest.
Neb. Rev. Stat. § 29-404.02 Arrest without warrant; when; court appearance.
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(1) Except as provided in section 26-119, a peace officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed: (a) A felony; (b) A misdemeanor, and the officer has reasonable cause to believe that such person either …
Neb. Rev. Stat. § 29-404.03 Arrest without warrant; reasonable cause; conditions.
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In determining whether reasonable cause exists to justify an arrest, a law enforcement officer may take into account all facts and circumstances, including those based upon any expert knowledge or experience which the officer in fact possessed, which a prudent officer would judge…
Neb. Rev. Stat. § 29-405 Warrant; misdemeanor, complainant; costs.
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When the offense charged is a misdemeanor, the magistrate, before issuing the warrant, may, at his discretion, require the complainant to acknowledge himself responsible for costs in case the complaint shall be dismissed, which acknowledgment of security for costs shall be entere…
Neb. Rev. Stat. § 29-406 Warrant; to whom directed; contents.
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The warrant shall be directed to the sheriff of the county or to the marshal or other police officer of a city or village and, reciting the substance of the accusation, shall command the officer to take the accused and bring him or her before the magistrate or court issuing the w…
Neb. Rev. Stat. § 29-407 Warrant; persons who may execute.
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The magistrate issuing any such warrant may make an order thereon authorizing a person to be named in such warrant to execute the warrant. The person named in such order may execute such warrant anywhere in the state by apprehending and conveying such offender before the magistra…
Neb. Rev. Stat. § 29-408 Warrant; pursuit and arrest of fugitive.
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If any person charged as aforesaid with the commission of an offense shall flee from justice, it shall be lawful for the officer, in whose hands the warrant for such person has been placed, to pursue and arrest such person in any other county of this state, and to convey him befo…
Neb. Rev. Stat. § 29-409 Fugitive; warrant for arrest and return; effect.
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If any person charged with an offense shall abscond or remove from the county in which such offense is alleged to have been committed, it shall be lawful for any magistrate of the county in which such person may be found to issue a warrant for the arrest and removal of such perso…
Neb. Rev. Stat. § 29-410 Prisoner; lawful arrest; detention.
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Any officer or other person having in lawful custody any person accused of an offense for the purpose of bringing him before the proper magistrate or court, may place and detain such prisoner in any county jail of this state for one night or longer, as the occasion may require, s…
Neb. Rev. Stat. § 29-4101 Act, how cited.
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Sections 29-4101 to 29-4115.01 shall be known and may be cited as the DNA Identification Information Act.
Neb. Rev. Stat. § 29-4102 Legislative findings.
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The Legislature finds that DNA data banks are an important tool in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations or prosecutions, in deterring and detecting recidivist acts, and in locating and identifying missing persons …
Neb. Rev. Stat. § 29-4103 Terms, defined.
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For purposes of the DNA Identification Information Act: (1) Combined DNA Index System means the Federal Bureau of Investigation's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories; (…
Neb. Rev. Stat. § 29-4104 State DNA Database; established; contents; Nebraska State Patrol; duties.
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The State DNA Database is established. The Nebraska State Patrol shall administer the State DNA Database and shall provide DNA records to the Federal Bureau of Investigation for storage and maintenance in the Combined DNA Index System. The patrol shall provide for liaison with th…
Neb. Rev. Stat. § 29-4105 DNA samples and records; access restrictions; Nebraska State Patrol; duties.
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(1) The Nebraska State Patrol shall prescribe procedures to be used in the collection, submission, identification, analysis, storage, and disposition of DNA samples in the State DNA Sample Bank and DNA records in the State DNA Database. These procedures shall include quality assu…
Neb. Rev. Stat. § 29-4106 Person subject to DNA sample; payment of costs.
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(1) A person who is convicted of a felony offense or other specified offense on or after July 15, 2010, who does not have a DNA sample available for use in the State DNA Sample Bank, shall, at his or her own expense, have a DNA sample collected: (a) Upon intake to a prison, jail,…
Neb. Rev. Stat. § 29-4106.01 DNA samples; collection method choice.
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A person required to submit a DNA sample pursuant to section 29-4106 shall be given the choice of having the sample collected by a blood draw or a buccal cell collection kit. Any person who collects a DNA sample pursuant to section 29-4106 shall honor the choice of collection met…
Neb. Rev. Stat. § 29-4107 DNA samples; persons authorized to obtain samples; immunity.
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(1) Only individuals (a) who are physicians or registered nurses, (b) who are trained to withdraw human blood for scientific or medical purposes and are obtaining blood specimens while working under orders of or protocols and procedures approved by a physician, registered nurse, …
Neb. Rev. Stat. § 29-4108 DNA samples and DNA records; confidentiality.
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(1) All DNA samples and DNA records submitted to the State DNA Sample Bank or the State DNA Database are confidential except as otherwise provided in the DNA Identification Information Act. The Nebraska State Patrol shall make DNA records in the State DNA Database available: (a) …
Neb. Rev. Stat. § 29-4109 DNA record; expungement; procedure.
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A person whose DNA record has been included in the State DNA Database pursuant to the DNA Identification Information Act may request expungement on the grounds that the conviction on which the authority for including such person's DNA record was based has been reversed and the ca…
Neb. Rev. Stat. § 29-411 Warrants and arrests; powers of officer; direction for executing search warrant; damages.
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In executing a warrant for the arrest of a person charged with an offense, or a search warrant, or when authorized to make an arrest for a felony without a warrant, the officer may break open any outer or inner door or window of a dwelling house or other building, if, after notic…
Neb. Rev. Stat. § 29-4110 Unlawfully obtaining or possessing DNA samples or records; penalty.
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(1) Any person who has possession of or access to individually identifiable DNA samples or DNA records in the State DNA Database or in the State DNA Sample Bank shall not disclose such samples or records in any manner to any person or agency not authorized to receive them knowing…
Neb. Rev. Stat. § 29-4111 Unlawful disclosure for pecuniary gain; penalty; attorney's fees.
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(1) Any person who has possession of or access to individually identifiable DNA samples or DNA records contained in the State DNA Database or in the State DNA Sample Bank and who for pecuniary gain for such person or for any other person discloses such samples and records in any …
Neb. Rev. Stat. § 29-4112 Injunction.
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The Nebraska State Patrol or any other aggrieved individual or agency may institute an action in a court of proper jurisdiction against any person, including law enforcement agencies, to enjoin such person or agency from violating the DNA Identification Information Act.
Neb. Rev. Stat. § 29-4113 DNA samples; additional offenses; Nebraska State Patrol; duties.
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The Nebraska State Patrol may recommend to the Legislature that the Legislature enact legislation for the inclusion of additional offenses for which DNA samples shall be collected and otherwise subjected to the DNA Identification Information Act. In determining whether to recomme…
Neb. Rev. Stat. § 29-4114 Rules and regulations.
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The Nebraska State Patrol shall adopt and promulgate rules and regulations to carry out the DNA Identification Information Act.
Neb. Rev. Stat. § 29-4115 Act; how construed.
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Except as provided in section 29-4105, the DNA Identification Information Act shall not limit or abrogate any existing authority of peace officers to collect, maintain, store, and utilize DNA samples for law enforcement purposes.
Neb. Rev. Stat. § 29-4115.01 State DNA Sample and Database Fund; created; use; investment.
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The State DNA Sample and Database Fund is created. The fund shall be maintained by the Nebraska State Patrol and administered by the Superintendent of Law Enforcement and Public Safety. The fund shall consist of any funds transferred to the fund by the Legislature or made availab…
Neb. Rev. Stat. § 29-4116 Act, how cited.
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Sections 29-4116 to 29-4125 shall be known and may be cited as the DNA Testing Act.
Neb. Rev. Stat. § 29-4117 Legislative intent.
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It is the intent of the Legislature that wrongfully convicted persons have an opportunity to establish their innocence through deoxyribonucleic acid, DNA, testing.
Neb. Rev. Stat. § 29-4118 Legislative findings.
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The Legislature finds and declares: (1) Over the past decade, DNA testing has emerged as the most reliable forensic technique for identifying persons when biological material is found at a crime scene or transferred from the victim to the person responsible and transported from t…
Neb. Rev. Stat. § 29-4119 Exculpatory evidence, defined.
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For purposes of the DNA Testing Act, exculpatory evidence means evidence which is favorable to the person in custody and material to the issue of the guilt of the person in custody.
Neb. Rev. Stat. § 29-412 Arrest under a warrant; prisoner to be taken before magistrate; return.
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Whenever any person has been arrested under a warrant as provided in sections 29-401 to 29-411, it shall be the duty of the officer making the arrest to take the person so arrested before the proper magistrate; and the warrant by virtue of which the arrest was made, with the prop…
Neb. Rev. Stat. § 29-4120 DNA testing; procedure.
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(1) Notwithstanding any other provision of law, a person in custody pursuant to the judgment of a court may, at any time after conviction, file a motion, with or without supporting affidavits, in the court that entered the judgment requesting forensic DNA testing of any biologica…