Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
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…
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…