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743 sections in this chapter.
Neb. Rev. Stat. § 29-4121 DNA testing; costs.
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The cost of DNA testing ordered under subsection (5) of section 29-4120 shall be paid by the person filing the motion, unless the court determines such person to be indigent. If the person filing such motion is determined by the court to be indigent, the costs shall be paid by th…
Neb. Rev. Stat. § 29-4122 Appointed counsel; when.
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Upon a showing by the person that DNA testing may be relevant to the person's claim of wrongful conviction, the court shall appoint counsel for an indigent person as follows: (1) The court shall first contact the chief counsel for the Commission on Public Advocacy to inquire if t…
Neb. Rev. Stat. § 29-4123 DNA testing results; effect.
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(1) The results of the final DNA or other forensic testing ordered under subsection (5) of section 29-4120 shall be disclosed to the county attorney, to the person filing the motion, and to the person's attorney. (2) Upon receipt of the results of such testing, any party may requ…
Neb. Rev. Stat. § 29-4124 Act; how construed.
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Nothing in the DNA Testing Act shall be construed to limit the circumstances under which a person may obtain DNA testing or other postconviction relief under any other provision of law.
Neb. Rev. Stat. § 29-4125 Biological material; secured; when.
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(1) Notwithstanding any other provision of law and subject to subsection (2) or (4) of this section, state agencies and political subdivisions shall preserve any biological material secured in connection with a criminal case for such period of time as any person remains incarcera…
Neb. Rev. Stat. § 29-4126 Limitations on obtaining and using samples.
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Notwithstanding any other provision of law: (1) No DNA sample shall be obtained from any person for any law enforcement purpose in connection with an investigation of a crime without probable cause, a court order, or voluntary consent as described in subdivision (2) of this secti…
Neb. Rev. Stat. § 29-413 Offense committed in view of magistrate; arrest; when authorized; detention.
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When any offense is committed in view of any magistrate, he or she may, by verbal direction to any sheriff, marshal, or other proper officer or, if no such officer is present, then to any citizen, cause the offender to be arrested and kept in custody for the space of one hour unl…
Neb. Rev. Stat. § 29-414 Rewards for conviction of felons; powers of county boards; limitation on amount.
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The county boards of the several counties in this state are hereby authorized, when they deem the same expedient, to offer such rewards as in their judgment the nature of the case may require for the detection or apprehension of any person charged with or convicted of a felony, a…
Neb. Rev. Stat. § 29-415 Rewards for capture and conviction of horse and auto thieves; powers of sheriffs; limitation on amount.
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The sheriffs of the several counties within this state are hereby authorized to offer and pay a reward not exceeding the sum of fifty dollars for the capture and conviction of any person charged with stealing a horse or horses, automobile or automobiles, within their respective c…
Neb. Rev. Stat. § 29-416 Fresh pursuit; peace officer from another state; authority to make arrest.
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Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person, in order to arrest him on the ground that he is believed to have …
Neb. Rev. Stat. § 29-417 Fresh pursuit; procedure after arrest.
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If an arrest is made in this state by an officer of another state in accordance with the provisions of section 29-416, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the p…
Neb. Rev. Stat. § 29-417.01 Fresh pursuit; interstate pursuit; liability; personal jurisdiction.
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(1) A member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit under authority of the Uniform Act on Fresh Pursuit shall be jointly and severally liable, along with the state, county, or municip…
Neb. Rev. Stat. § 29-418 Fresh pursuit; section, how construed.
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Section 29-416 shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
Neb. Rev. Stat. § 29-419 Fresh pursuit; state, defined.
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For purposes of the Uniform Act on Fresh Pursuit, the word state shall include the District of Columbia.
Neb. Rev. Stat. § 29-420 Fresh pursuit, defined.
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For purposes of the Uniform Act on Fresh Pursuit, the term fresh pursuit shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pur…
Neb. Rev. Stat. § 29-4201 Legislative intent.
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It is the intent and purpose of sections 29-4201 to 29-4207 to authorize the usage of audiovisual court appearances and certain written waivers and pleas in criminal proceedings consistent with the statutory and constitutional rights guaranteed by the Constitution of the United S…
Neb. Rev. Stat. § 29-4202 Audiovisual court appearance; when permitted.
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(1) Except for trials, when the appearance of a detainee or prisoner is required in any court at a nonevidentiary criminal proceeding, the detainee or prisoner may make an audiovisual court appearance. However, a judge or magistrate is not required to allow an audiovisual court a…
Neb. Rev. Stat. § 29-4204 Audiovisual communication system and facilities; requirements.
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The audiovisual communication system and the facilities for an audiovisual court appearance shall: (1) Operate so that the detainee or prisoner and the judge or magistrate can see each other simultaneously and converse with each other verbally and documents can be transmitted bet…
Neb. Rev. Stat. § 29-4205 Audiovisual court appearance; procedures.
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In a proceeding in which an audiovisual court appearance is made: (1) Facsimile signatures or electronically reproduced signatures are acceptable for purposes of releasing the detainee or prisoner from custody; however, actual signed copies of the release documents must be prompt…
Neb. Rev. Stat. § 29-4206 County or district court; accept written waivers; when; form; use; effect.
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(1) The county courts and district courts may accept a written waiver of preliminary hearing and a written waiver of arraignment and plea of not guilty from any defendant. The written waivers shall only be accepted if the defendant is represented by counsel. The written waivers s…
Neb. Rev. Stat. § 29-4207 Rules of practice and procedure.
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The Supreme Court may promulgate rules of practice and procedure for implementation of sections 29-4201 to 29-4207.
Neb. Rev. Stat. § 29-421 Act, how cited.
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Sections 29-416 to 29-421 shall be known and may be cited as the Uniform Act on Fresh Pursuit.
Neb. Rev. Stat. § 29-422 Citation in lieu of arrest; legislative intent.
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It is hereby declared to be the policy of the State of Nebraska to issue citations in lieu of arrest or continued custody to the maximum extent consistent with the effective enforcement of the law and the protection of the public. In furtherance of that policy, except as provided…
Neb. Rev. Stat. § 29-423 Citation; Supreme Court; prescribe form; contents.
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To achieve uniformity, the Supreme Court may prescribe the form of citation. The citation shall include a description of the crime or offense charged, the time and place at which the person cited is to appear, a warning that failure to appear in accordance with the command of the…
Neb. Rev. Stat. § 29-424 Citation; contents; procedure; complaint; waiver; use of credit card authorized.
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When a citation is used by a peace officer or when a citation is used by an official or inspector pursuant to section 18-1757, he or she shall enter thereon all required information, including the name and address of the cited person, the offense charged, and the time and place t…
Neb. Rev. Stat. § 29-425 Citation; issued, when; service.
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Citations may also be issued under the following circumstances: (1) In any case in which the prosecuting officer is convinced that a citation would serve all of the purposes of an arrest warrant; and (2) Whenever any complaint or information is filed in any court in this state ch…
Neb. Rev. Stat. § 29-426 Citation; failure to appear; penalty.
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Any person failing to appear or otherwise comply with the command of a citation shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than three months, …
Neb. Rev. Stat. § 29-427 Detention of accused; grounds.
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Any peace officer having grounds for making an arrest may take the accused into custody or, already having done so, detain him further when the accused fails to identify himself satisfactorily, or refuses to sign the citation, or when the officer has reasonable grounds to believe…
Neb. Rev. Stat. § 29-428 Sections, how construed.
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Nothing in sections 29-422 to 29-429 and 60-684 to 60-686 shall be construed to affect the rights, lawful procedures, or responsibilities of law enforcement agencies or peace officers using the citation procedure in lieu of the arrest or warrant procedure.
Neb. Rev. Stat. § 29-429 Citation; cited person to medical facility; when.
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Notwithstanding that a citation is issued, a peace officer is authorized to take a cited person to an appropriate medical facility if he appears mentally or physically unable to care for himself.
Neb. Rev. Stat. § 29-430 Citation; social security number prohibited.
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A citation issued by a law enforcement officer shall not contain the cited person's social security number.
Neb. Rev. Stat. § 29-4301 Legislative findings.
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The Legislature finds that because of the fear and stigma that often results from crimes of sexual assault or domestic violence, and because of the risk of retaliatory violence by the perpetrator, many victims hesitate to seek help even when it is available at no cost to them. Wi…
Neb. Rev. Stat. § 29-4302 Terms, defined.
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For purposes of sections 29-4301 to 29-4304: (1) Advocate means any employee or supervised volunteer of a domestic violence and sexual assault victim assistance program or of any other agency, business, or organization that is not affiliated with a law enforcement or prosecutor's…
Neb. Rev. Stat. § 29-4303 Confidential communications; disclosure; when.
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(1) A victim, an advocate without the consent of the victim, a third party as described in subdivision (3) of section 29-4302 without the consent of the victim, or a minor or incapacitated victim without the consent of a custodial guardian or a guardian ad litem appointed upon ap…
Neb. Rev. Stat. § 29-4304 Confidential communications; waiver; sections, how construed.
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(1) A victim does not waive the protections afforded by sections 29-4301 to 29-4304 by testifying in court about the offense, except that: (a) If the victim partially discloses the contents of a confidential communication in the course of testifying, then either party may request…
Neb. Rev. Stat. § 29-4305 Law enforcement agencies, prosecuting attorneys, and Office of Probation Administration; duties.
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On or before July 1, 2005, all law enforcement agencies, prosecuting attorneys, and the Office of Probation Administration shall develop, adopt, promulgate, and implement written policies and procedures regarding crimes between intimate partners as defined in section 28-323.
Neb. Rev. Stat. § 29-4306 Collection of evidence; requirements.
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Every health care professional as defined in section 44-5418 or any person in charge of any emergency room in this state: (1) Shall utilize a standardized sexual assault evidence collection kit approved by the Attorney General; and (2) Shall collect forensic evidence with the con…
Neb. Rev. Stat. § 29-4307 City of the primary or metropolitan class; annual report.
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On or before December 1, 2020, and annually thereafter, each city of the primary class and city of the metropolitan class shall make a report listing the number of untested sexual assault evidence collection kits for such city. The report shall contain aggregate data only and sha…
Neb. Rev. Stat. § 29-4308 Act, how cited.
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Sections 29-4308 to 29-4315 shall be known and may be cited as the Sexual Assault Victims' Bill of Rights Act.
Neb. Rev. Stat. § 29-4309 Terms, defined.
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For the purposes of the Sexual Assault Victims' Bill of Rights Act: (1)(a) Advocate means: (i) Any employee or supervised volunteer of a domestic violence and sexual assault victim assistance program or of any other agency, business, or organization that is not affiliated with a …
Neb. Rev. Stat. § 29-431 Infraction, defined.
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As used in sections 28-416, 29-422, 29-424, 29-425, 29-431 to 29-434, and 53-173, unless the context otherwise requires, infraction means the violation of any law, ordinance, order, rule, or regulation, not including those related to traffic, which is not otherwise declared to be…
Neb. Rev. Stat. § 29-4310 Privileged communication; presence of others; effect; prosecutor; duty.
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Notwithstanding any provision of Chapter 27, article 5, any communication with a victim which is privileged, whether by statute, court order, or common law, shall retain such privilege regardless of who is present during the communication so long as the victim has a privilege wit…
Neb. Rev. Stat. § 29-4311 Medical evidentiary or physical examinations; rights of victim.
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(1) A victim has the right to have an advocate of the victim's choosing present during a medical evidentiary or physical examination. The health care provider shall contact the advocate before beginning the medical evidentiary or physical examination, unless declined by the victi…
Neb. Rev. Stat. § 29-4312 Interview or deposition; rights of victim.
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(1)(a) A victim has the right to have an advocate present during an interview by a peace officer, prosecutor, or defense attorney, unless no advocate can appear in a reasonably timely manner. In an interview involving a prosecutor, the prosecutor shall inform the victim of the vi…
Neb. Rev. Stat. § 29-4313 Sexual assault forensic evidence; rights of victim.
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(1) A victim has the right to timely analysis of sexual assault forensic evidence. (2) Subject to section 28-902, a health care provider shall notify the appropriate law enforcement agency of a victim's reported sexual assault and submit to law enforcement the sexual assault fore…
Neb. Rev. Stat. § 29-4314 Sexual assault forensic evidence; uses prohibited.
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Sexual assault forensic evidence from a victim shall not be used: (1) To prosecute such victim for any misdemeanor crime or any crime under the Uniform Controlled Substances Act; or (2) As a basis to search for further evidence of any misdemeanor crime or any crime under the Unif…
Neb. Rev. Stat. § 29-4315 Explanation of rights; required, when; contents.
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(1) Upon an initial interaction with a victim relating to or arising from a sexual assault of such victim, a health care provider or peace officer, and in the case of a victim under eighteen years of age, the Department of Health and Human Services, shall provide the victim with …
Neb. Rev. Stat. § 29-4316 Criminal justice agencies and attorneys; maintain confidentiality of victim of sexual assault or sex trafficking.
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(1) For purposes of this section: (a) Criminal justice agency has the same meaning as in section 29-3509; (b) Sex trafficking means sex trafficking or sex trafficking of a minor in violation of section 28-831; and (c) Sexual assault means a violation of section 28-319, 28-319.01,…
Neb. Rev. Stat. § 29-4317 Health care provider, emergency medical services provider, laboratory, or pharmacy; provision of certain services related to sexual assault, domestic assault, or child abuse; acts prohibited.
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(1) A health care provider, an emergency medical services provider, a laboratory, or a pharmacy providing medical services, transportation, medications, or other services related to the examination or treatment of injuries arising out of sexual assault as defined in section 29-43…
Neb. Rev. Stat. § 29-432 Infraction; person alleged to have committed; custody; when.
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Any peace officer may take a person alleged to have committed an infraction into custody if harm is likely to occur to either the individual or society if such person is not taken into custody.