Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Neb. Rev. Stat. § 29-3509 Criminal justice agency, defined.
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Criminal justice agency shall mean: (1) Courts; and (2) A government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of c…
Neb. Rev. Stat. § 29-3510 Direct access, defined.
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Direct access shall mean having the custodial authority to handle and control the actual documents or automated or computerized documentary record which constitutes the criminal history database.
Neb. Rev. Stat. § 29-3511 Disposition, defined.
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Disposition shall mean information disclosing that criminal proceedings have been concluded, including information disclosing that the police have elected not to refer a matter to a prosecutor or that a prosecutor has elected not to commence criminal proceedings, and also informa…
Neb. Rev. Stat. § 29-3512 Operator, defined.
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Operator shall mean the agency, person, or group of persons designated by the governing body of the jurisdiction served by a criminal history record information system to coordinate and supervise the system.
Neb. Rev. Stat. § 29-3513 Person, defined.
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Person shall mean any natural person, corporation, partnership, limited liability company, firm, or association.
Neb. Rev. Stat. § 29-3514 Person in interest, defined.
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Person in interest shall mean the person who is the primary subject of a criminal justice record or any representative designated by such person, except that if the subject of the record is under legal disability, person in interest shall mean the person's parent or duly appointe…
Neb. Rev. Stat. § 29-3515 Criminal justice agency; criminal history record information; maintain.
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Each criminal justice agency shall maintain complete and accurate criminal history record information with regard to the actions taken by the agency.
Neb. Rev. Stat. § 29-3516 Criminal justice agency; disposition of cases; report; procedure; commission; forms; rules and regulations; adopt.
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Each criminal justice agency in this state shall report the disposition of cases which enter its area in the administration of criminal justice. As to cases in which fingerprint records must be reported to the Nebraska State Patrol under section 29-209, such disposition reports s…
Neb. Rev. Stat. § 29-3517 Criminal justice agency; criminal history record information; process; assure accuracy.
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Each criminal justice agency shall institute a process of data collection, entry, storage, and systematic audit of criminal history record information that will minimize the possibility of recording and storing inaccurate information. Any criminal justice agency which finds that …
Neb. Rev. Stat. § 29-3518 Criminal history record information; access; restrictions; requirements.
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Direct access to criminal history record information system facilities, system operating environments, data file contents, and system documentation shall be restricted to authorized organizations and persons. Wherever criminal history record information is collected, stored, or d…
Neb. Rev. Stat. § 29-3519 Criminal justice information systems; computerized; access; limitations; security; conditions.
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Whenever computerized data processing is employed, effective and technologically advanced software and hardware designs shall be instituted to prevent unauthorized access to such information. Computer operations which support criminal justice information systems shall operate in …
Neb. Rev. Stat. § 29-3520 Criminal history record information; public record; criminal justice agencies; regulations; adopt.
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Complete criminal history record information maintained by a criminal justice agency shall be a public record open to inspection and copying by any person during normal business hours and at such other times as may be established by the agency maintaining the record. Criminal jus…
Neb. Rev. Stat. § 29-3521 Information; considered public record; classifications.
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In addition to public records under section 29-3520, information consisting of the following classifications shall be considered public record for purposes of dissemination: (1) Posters, announcements, lists for identifying or apprehending fugitives or wanted persons, or photogra…
Neb. Rev. Stat. § 29-3522 Criminal justice agency records; application to inspect; unavailable; procedure to provide records.
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If the requested criminal justice history record or other public record, as defined in section 29-3521, of a criminal justice agency is not in the custody or control of the person to whom application is made, such person shall immediately notify the applicant of this fact. Such n…
Neb. Rev. Stat. § 29-3523 Criminal history record information; dissemination; limitations; removal; certain information not part of public record; court; duties; sealed record; effect; expungement.
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(1) After the expiration of the periods described in subsection (3) of this section or after the granting of a motion under subsection (4), (5), or (6) of this section, a criminal justice agency shall respond to a public inquiry in the same manner as if there were no criminal his…
Neb. Rev. Stat. § 29-3524 Criminal justice agencies; fees; assessment.
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Criminal justice agencies may assess reasonable fees, not to exceed actual costs, for search, retrieval, storing, maintaining, and copying of criminal justice records and may waive fees at their discretion. When fees for certified copies or other copies, printouts, or photographs…
Neb. Rev. Stat. § 29-3525 Criminal history record information; review by person in interest; identity; verification.
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Any person in interest, who asserts that he or she has reason to believe that criminal history information relating to him or her or the person in whose interest he or she acts is maintained by any system in this state, shall be entitled to review and receive a copy of such infor…
Neb. Rev. Stat. § 29-3526 Commission; powers and duties; rules and regulations.
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The commission may by rule authorize a fee for each application for review under section 29-3525, and may charge for making copies or printouts as provided in section 29-3524. The commission shall implement section 29-3525 by rule and regulation, including but not limited to prov…
Neb. Rev. Stat. § 29-3527 Violations; penalty.
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Any person who (1) permits unauthorized direct access to criminal history record information, (2) knowingly fails to disseminate or make public criminal history record information of official acts as required under sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423, or (3) …
Neb. Rev. Stat. § 29-3528 Violations; person aggrieved; remedies.
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Whenever any officer or employee of the state, its agencies, or its political subdivisions, or whenever any state agency or any political subdivision or its agencies fails to comply with the requirements of sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423 or of regulation…
Neb. Rev. Stat. § 29-3529 National Crime Prevention and Privacy Compact; Superintendent of Law Enforcement and Public Safety; compact officer; duties.
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(1) In order to facilitate the authorized interstate exchange of criminal history record information for noncriminal justice purposes, and to implement the National Crime Prevention and Privacy Compact, 34 U.S.C. 40316, the Legislature approves and ratifies the compact. The Super…
Neb. Rev. Stat. § 29-3601 Legislative findings.
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The Legislature finds that pretrial diversion offers persons charged with criminal offenses and minor traffic violations an alternative to traditional criminal justice proceedings in that: (1) It permits participation by the accused only on a voluntary basis; (2) the accused has …
Neb. Rev. Stat. § 29-3602 Pretrial diversion program; established.
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The county attorney of any county may establish a pretrial diversion program with the concurrence of the county board. Any city attorney may establish a pretrial diversion program with the concurrence of the governing body of the city. Such programs shall be established pursuant …
Neb. Rev. Stat. § 29-3603 Pretrial diversion plan for criminal offenses; requirements.
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A pretrial diversion plan for criminal offenses shall include, but not be limited to: (1) Formal eligibility guidelines established following consultation with criminal justice officials and program representatives. The guidelines shall be written and made available and routinely…
Neb. Rev. Stat. § 29-3604 Driving while intoxicated, implied consent refusal; not eligible for pretrial diversion.
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No person charged with a violation of section 60-6,196 or 60-6,197 shall be eligible for pretrial diversion under a program established pursuant to sections 29-3601 to 29-3603 and 29-3605 to 29-3609.
Neb. Rev. Stat. § 29-3605 Minor traffic violations; terms, defined.
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For purposes of sections 29-3606 to 29-3609: (1) Department means the Department of Motor Vehicles; and (2) Minor traffic violation does not include leaving the scene of an accident, sections 60-696 to 60-698, driving under the influence of alcoholic liquor or drugs, sections 60-…
Neb. Rev. Stat. § 29-3606 Minor traffic violations; pretrial diversion plan; driver's safety training program.
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(1) A pretrial diversion plan for minor traffic violations shall consist of a driver's safety training program. (2) A driver's safety training program shall: (a) Provide a curriculum of driver's safety training, as approved by the department, which is designed to educate persons …
Neb. Rev. Stat. § 29-3607 Minor traffic violations; driver's safety training program; certificate; fee.
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Any organization or governmental entity desiring to offer a driver's safety training program shall first obtain a certificate from the department, to be renewed annually. The certificate fee and the annual renewal fee shall each be fifty dollars. The fee collected by the departme…
Neb. Rev. Stat. § 29-3608 Minor traffic violations; pretrial diversion program; eligibility.
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Any driver holding a commercial driver's license or CLP-commercial learner's permit issued pursuant to the Motor Vehicle Operator's License Act shall not be eligible to participate in a program under sections 29-3605 to 29-3609 if such participation would be in noncompliance with…
Neb. Rev. Stat. § 29-3609 Minor traffic violations; applicability.
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Sections 29-3605 to 29-3609 shall not apply to programs of pretrial diversion for offenses other than minor traffic violations.
Neb. Rev. Stat. § 29-3701 Verdict of acquittal; probable cause hearing; finding; referral or confinement; evaluations; conditions of confinement; order; preparation of treatment plan; contents.
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(1) Following receipt of a verdict of acquittal on grounds of insanity, the court shall forthwith conduct a hearing to determine whether there is probable cause to believe the person is dangerous to himself, herself, or others by reason of mental illness or defect or will be so d…
Neb. Rev. Stat. § 29-3702 Evidentiary hearing; determination; release or court-ordered treatment; personnel at facility violating order of commitment; contempt.
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(1) Prior to the expiration of the evaluation period provided for in section 29-3701, the court shall conduct an evidentiary hearing regarding the condition of the person, at which time a representative of the facility where he or she was evaluated may testify as to the results o…
Neb. Rev. Stat. § 29-3703 Trial court; person found not responsible by reason of insanity; review records; conduct hearing; evaluation; treatment program; discharge plan; compliance with conditions; reports.
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(1) The court which tried a person who is found not responsible by reason of insanity shall annually and may, upon its own motion or upon motion of the person or the prosecuting attorney, review the records of such person and conduct an evidentiary hearing on the status of the pe…
Neb. Rev. Stat. § 29-3704 Hearing; person's rights.
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At each hearing conducted pursuant to sections 29-3701 to 29-3703, the person shall be entitled to assistance of counsel and such additional rights as are guaranteed by the laws and Constitution of the State of Nebraska and by the United States Constitution.
Neb. Rev. Stat. § 29-3705 Person acquitted prior to May 29, 1981; jurisdiction of trial court; petition; hearing.
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The court which tried and acquitted any person who, as of May 29, 1981, stands committed by an order of a mental health board pursuant to the Nebraska Mental Health Commitment Act in consequence of the insanity or derangement which was the ground of the acquittal, shall have juri…
Neb. Rev. Stat. § 29-3706 Records of proceedings; part of criminal case records; medical and psychiatric records; how treated.
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All pleadings, evidence admitted, orders, judgments, and memoranda of findings and conclusions made in the proceedings held pursuant to sections 29-3701 to 29-3704 shall be made a part of the official record of the underlying criminal case. The court may direct that the medical a…
Neb. Rev. Stat. § 29-3801 Terms, defined.
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As used in sections 29-3801 to 29-3809, unless the context otherwise requires: (1) Director shall mean the Director of Correctional Services; and (2) Prosecutor shall mean a prosecuting attorney as defined in section 29-104.
Neb. Rev. Stat. § 29-3802 Notice of untried charges and rights; director; duties.
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The director shall promptly inform in writing each prisoner in the custody of the Department of Correctional Services of the source and nature of any untried indictment, information, or complaint against him or her of which the director has knowledge and of his or her right to ma…
Neb. Rev. Stat. § 29-3803 Prisoner; request final disposition; director; duties.
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Any person who is imprisoned in a facility operated by the Department of Correctional Services may request in writing to the director final disposition of any untried indictment, information, or complaint pending against him or her in this state. Upon receiving any request from a…
Neb. Rev. Stat. § 29-3804 Prosecutor; require prisoner's attendance; procedure.
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The prosecutor in a city or county in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner, against whom he or she has lodged a detainer and who is serving a term of imprisonment in any facility operated by the Department of Corre…
Neb. Rev. Stat. § 29-3805 Untried charges; trial; when.
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Within one hundred eighty days after the prosecutor receives a certificate from the director pursuant to section 29-3803 or 29-3804 or within such additional time as the court for good cause shown in open court may grant, the untried indictment, information, or complaint shall be…
Neb. Rev. Stat. § 29-3806 Temporary custody; conditions; limitations.
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The temporary custody referred to in sections 29-3803 and 29-3804 shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of a detainer lodged with the director…
Neb. Rev. Stat. § 29-3807 Escape from custody; effect.
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Escape from custody by a prisoner subsequent to execution of a request for final disposition of any untried indictment, information, or complaint shall void the request.
Neb. Rev. Stat. § 29-3808 Mentally ill person; sections not applicable.
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No provision of sections 29-3801 to 29-3809 and no remedy made available by sections 29-3801 to 29-3809 shall apply to any person who is adjudged to be mentally ill.
Neb. Rev. Stat. § 29-3809 Transportation costs; how paid.
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The costs of transporting prisoners to and from the city or county in which any untried indictment, information, or complaint is pending as provided in sections 29-3801 to 29-3809 shall be paid by the city or county.
Neb. Rev. Stat. § 29-3901 Terms, defined.
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For purposes of sections 29-3901 to 29-3908: (1) County conflict counsel has the same meaning as in section 29-3934; (2) Court means a district court or a county court; (3) Felony defendant means a person who is charged by complaint, information, or indictment with or who is unde…
Neb. Rev. Stat. § 29-3902 Indigent defendant; right to counsel.
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At a felony defendant's first appearance before a court, the court shall advise him or her of the right to court-appointed counsel if he or she is indigent. If he or she asserts indigency, the court shall make a reasonable inquiry to determine his or her financial condition and m…
Neb. Rev. Stat. § 29-3903 Indigent defendant; right to counsel; appointment.
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(1) At a felony defendant's first appearance before a judge, the judge shall advise him or her of the right to court-appointed counsel if such person is indigent. If he or she asserts indigency, the court shall make a reasonable inquiry to determine such person's financial condit…
Neb. Rev. Stat. § 29-3904 Appointment of other counsel; when.
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(1) Nothing in sections 23-3402, 29-3902, and 29-3903 shall prevent any judge from: (a) Appointing counsel other than the public defender, the Commission on Public Advocacy, county conflict counsel, or other substitute counsel when the public defender, the commission, county conf…
Neb. Rev. Stat. § 29-3905 Appointed counsel; fees and expenses.
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Appointed counsel for an indigent felony defendant other than the public defender or county conflict counsel shall apply to the district court which appointed him or her for all expenses reasonably necessary to permit him or her to effectively and competently represent his or her…