Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Neb. Rev. Stat. § 29-3906 Misdemeanor defendant; indigent; counties with no public defender; court-appointed counsel; compensation.
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In counties not having public defenders, the court may appoint an attorney licensed to practice law in this state to represent any indigent person who is charged with a misdemeanor offense punishable by imprisonment. When such a defendant asserts indigency, the court shall make a…
Neb. Rev. Stat. § 29-3907 Counsel; right to consult with accused privately.
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Any public defender, assistant public defender, or other attorney representing an indigent felony defendant who is incarcerated by law enforcement officers or other government officials without bond or in lieu of bond shall have full access to and the right to consult privately w…
Neb. Rev. Stat. § 29-3908 Indigent; reimburse county for costs; when.
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Whenever any court finds subsequent to its appointment of the public defender or other counsel to represent a felony defendant that its initial determination of indigency was incorrect or that during the course of representation by appointed counsel the felony defendant has becom…
Neb. Rev. Stat. § 29-3909 Judicial district public defender; established.
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There is hereby established the office of judicial district public defender subject to the provisions of sections 29-3910 to 29-3918.
Neb. Rev. Stat. § 29-3910 Judicial district public defender; determination; district judge; conditions; certification to Governor; salary.
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Whenever the district judge or judges determine that a public defender should be named for his, her, or their judicial district, as provided in section 24-301.02, the fact of such determination shall be certified to the Governor. In making the determination, the judge or judges s…
Neb. Rev. Stat. § 29-3911 Judicial district public defender; appointment; salary; payment.
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Within thirty days following receipt of a certification as provided in section 29-3910, the Governor shall authorize the judge or judges to appoint a public defender for the district. The salary and all expenses, including trial expense and expert witness fees, of the judicial di…
Neb. Rev. Stat. § 29-3912 Judicial district public defender; office; equipment; personnel.
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If necessary office space is not available in a courthouse within the district, the judicial district public defender may rent or lease such space. He or she may also purchase, through the materiel administrator of the Department of Administrative Services, necessary furniture, e…
Neb. Rev. Stat. § 29-3913 Judicial district public defender; election; term.
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The successor to the judicial district public defender initially appointed shall be elected at the next general election and shall take office at the same time as other elected state officers. The term of office of an elected judicial district public defender shall be four years.…
Neb. Rev. Stat. § 29-3914 Judicial district public defender; qualifications.
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A judicial district public defender shall be a lawyer duly admitted to and engaged in the practice of law in Nebraska.
Neb. Rev. Stat. § 29-3915 Persons entitled to representation.
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The following persons who are financially unable to obtain counsel shall be entitled to be represented by a judicial district public defender: (1) A person charged with a felony, including appeals from convictions for a felony; (2) A person pursuing a postconviction proceeding un…
Neb. Rev. Stat. § 29-3916 Application for counsel; inquiry by court or magistrate; waiver of counsel.
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Any person described in section 29-3915 or any other person entitled by law to representation by counsel may at any time request the court in which the matter is pending or the court in which the person was convicted to appoint the public defender to provide representation. Upon …
Neb. Rev. Stat. § 29-3917 Office of public defender; abolished; when.
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Any county in a judicial district in which a determination is made that a public defender should be named in accordance with section 29-3910 shall no longer be subject to section 23-3401, and the office created by section 23-3401 shall be abolished as of the date specified in suc…
Neb. Rev. Stat. § 29-3918 Special counsel; appointment; procedure; cost; payment.
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Nothing in sections 29-3910 to 29-3918 shall prevent a court from appointing counsel other than the public defender, the Commission on Public Advocacy, or county conflict counsel as defined in section 29-3934 to represent indigent defendants or other persons by law entitled to le…
Neb. Rev. Stat. § 29-3919 Act, how cited.
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Sections 29-3919 to 29-3933 shall be known and may be cited as the County Revenue Assistance Act.
Neb. Rev. Stat. § 29-3920 Legislative findings.
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The Legislature finds that: (1) County property owners should be given some relief from the obligation of providing mandated indigent defense services which in most instances are required because of state laws establishing crimes and penalties; (2) Property tax relief can be acco…
Neb. Rev. Stat. § 29-3921 Commission on Public Advocacy Operations Cash Fund; created; use; investment.
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The Commission on Public Advocacy Operations Cash Fund is created. The fund shall be used for the operations of the commission. The Commission on Public Advocacy Operations Cash Fund shall consist of money remitted pursuant to section 33-156. It is the intent of the Legislature t…
Neb. Rev. Stat. § 29-3922 Terms, defined.
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For purposes of the County Revenue Assistance Act: (1) Chief counsel means an attorney appointed to be the primary administrative officer of the commission pursuant to section 29-3928; (2) Commission means the Commission on Public Advocacy; (3) Commission staff means attorneys, i…
Neb. Rev. Stat. § 29-3923 Commission on Public Advocacy; created; duties.
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The Commission on Public Advocacy is created. The commission shall provide legal services and resources to assist counties in fulfilling their obligation to provide for effective assistance of counsel for indigent persons.
Neb. Rev. Stat. § 29-3924 Commission; members; term.
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The commission shall consist of nine members appointed by the Governor from a list of attorneys submitted by the executive council of the Nebraska State Bar Association after consultation with the board of directors of the Nebraska Criminal Defense Attorneys Association. A member…
Neb. Rev. Stat. § 29-3925 Commission; chairperson; expenses.
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The Governor shall designate one of the members of the commission as the chairperson. The members of the commission shall be reimbursed for expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177.
Neb. Rev. Stat. § 29-3926 Commission; quorum.
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Five members of the commission constitute a quorum for the transaction of business. The commission may act by a majority of the members present at any meeting at which a quorum is in attendance.
Neb. Rev. Stat. § 29-3927 Commission; duties.
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(1) With respect to its duties under section 29-3923, the commission shall: (a) Adopt and promulgate rules and regulations for its organization and internal management and rules and regulations governing the exercise of its powers and the fulfillment of its purpose; (b) Appoint a…
Neb. Rev. Stat. § 29-3928 Chief counsel; qualifications; salary.
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The commission shall appoint a chief counsel. The responsibilities and duties of the chief counsel shall be defined by the commission and shall include the overall supervision of the workings of the various divisions of the commission. The chief counsel shall be qualified for his…
Neb. Rev. Stat. § 29-3929 Chief counsel; duties.
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The primary duties of the chief counsel shall be to provide direct legal services to indigent defendants, and the chief counsel shall: (1) Supervise the operations of the appellate division, the capital litigation division, the DNA testing division, and the major case resource ce…
Neb. Rev. Stat. § 29-3930 Commission; divisions established.
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The following divisions are established within the commission: (1) The capital litigation division shall be available to assist in the defense of capital cases in Nebraska, subject to caseload standards of the commission; (2) The appellate division shall be available to prosecute…
Transferred to section 33-156.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 154, § 27.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-3933 Request for reimbursement; requirements.
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(1) Any county which intends to request reimbursement for a portion of its expenditures for its indigent defense system must comply with this section. (2) In order to assist the Commission on Public Advocacy in its budgeting process for determining future reimbursement amounts, a…
Neb. Rev. Stat. § 29-3934 County conflict counsel; employment or contract; duties; fees prohibited.
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(1) For purposes of this section, county conflict counsel means an attorney licensed to practice law in this state who is employed by the county or has a contract with the county to provide legal representation to clients who would normally be represented by the public defender, …
Neb. Rev. Stat. § 29-4001 Act, how cited.
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Sections 29-4001 to 29-4014 shall be known and may be cited as the Sex Offender Registration Act.
Neb. Rev. Stat. § 29-4001.01 Terms, defined.
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For purposes of the Sex Offender Registration Act: (1) Aggravated offense means any registrable offense under section 29-4003 which involves the penetration of, direct genital touching of, oral to anal contact with, or oral to genital contact with (a) a victim age thirteen years …
Neb. Rev. Stat. § 29-4002 Legislative findings.
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The Legislature finds that sex offenders present a high risk to commit repeat offenses. The Legislature further finds that efforts of law enforcement agencies to protect their communities, conduct investigations, and quickly apprehend sex offenders are impaired by the lack of ava…
Neb. Rev. Stat. § 29-4003 Applicability of act.
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(1)(a) The Sex Offender Registration Act applies to any person who on or after January 1, 1997: (i) Has ever pled guilty to, pled nolo contendere to, or been found guilty of any of the following: (A) Kidnapping of a minor pursuant to section 28-313, except when the person is the …
Neb. Rev. Stat. § 29-4004 Registration; location; sheriff; duties; Nebraska State Patrol; duties; name-change order; treatment.
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(1) Any person subject to the Sex Offender Registration Act shall register within three working days after becoming subject to the act at a location designated by the Nebraska State Patrol for purposes of accepting such registration. (2) Any person required to register under the …
Neb. Rev. Stat. § 29-4005 Registration duration; reduction in time; request; proof.
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(1)(a) Except as provided in subsection (2) of this section, any person to whom the Sex Offender Registration Act applies shall be required to register during any period of supervised release, probation, or parole and shall continue to comply with the act for the period of time a…
Neb. Rev. Stat. § 29-4006 Registration format; contents; verification; name change; duties; information provided to sheriff; violation; warrant.
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(1) Registration information required by the Sex Offender Registration Act shall be entered into a database in a format approved by the sex offender registration and community notification division of the Nebraska State Patrol and shall include, but not be limited to, the followi…
Neb. Rev. Stat. § 29-4007 Sentencing court; duties; Department of Correctional Services or local facility; Department of Motor Vehicles; notification requirements; Attorney General; approve form.
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(1) When sentencing a person convicted of a registrable offense under section 29-4003, the court shall: (a) Provide written notification of the duty to register under the Sex Offender Registration Act at the time of sentencing to any defendant who has pled guilty or has been foun…
Neb. Rev. Stat. § 29-4008 False or misleading information prohibited; updates required.
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No person subject to the Sex Offender Registration Act shall knowingly and willfully furnish any false or misleading information in the registration or fail to provide or timely update law enforcement of any of the information required to be provided by the act.
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 …
Repealed. Laws 2009, LB 285, § 17.
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[Repealed or reserved.]
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…