Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Neb. Rev. Stat. § 29-417.01 Fresh pursuit; interstate pursuit; liability; personal jurisdiction.
1.7K chars
(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.
0.1K chars
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.
0.1K chars
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.
0.6K chars
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.
0.3K chars
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.
0.5K chars
(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…
Repealed. Laws 2009, LB 90, § 3.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 29-4204 Audiovisual communication system and facilities; requirements.
1.2K chars
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.
0.7K chars
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.
3.0K chars
(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.
0.1K chars
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.
0.1K chars
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.
0.7K chars
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.
0.6K chars
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.
1.4K chars
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.
0.7K chars
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.
0.3K chars
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.
0.7K chars
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.
0.3K chars
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.
0.2K chars
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.
0.1K chars
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.
1.1K chars
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.
0.9K chars
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.
2.0K chars
(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.
1.5K chars
(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.
0.3K chars
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.
0.6K chars
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.
0.5K chars
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.
0.1K chars
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.
2.4K chars
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.
0.4K chars
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.
0.6K chars
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.
1.5K chars
(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.
2.1K chars
(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.
2.8K chars
(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.
0.4K chars
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.
2.5K chars
(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.
2.4K chars
(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.
1.4K chars
(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.
0.2K chars
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.
Neb. Rev. Stat. § 29-433 Infraction involving controlled substance; person cited for; course of instruction; requirements.
0.7K chars
A person cited for an infraction pursuant to section 28-416 shall be assigned to attend a course of instruction relating to the effects of the misuse of drugs, including alcohol and controlled substances. Such instruction shall include counseling on the legal, medical, psychologi…
Neb. Rev. Stat. § 29-434 Drug treatment centers; provide course of instruction.
0.1K chars
All drug treatment centers shall provide the necessary facilities and programs to carry out the provisions of section 29-433.
Neb. Rev. Stat. § 29-435 Infraction; citation issued in lieu of arrest; exception.
0.2K chars
Except as provided in section 29-427, for any offense classified as an infraction, a citation shall be issued in lieu of arrest or continued custody pursuant to sections 29-422 to 29-429.
Neb. Rev. Stat. § 29-436 Infraction, penalties.
0.5K chars
Any person guilty of an infraction when a penalty is not otherwise specified shall: (1) For the first offense be fined not more than one hundred dollars; (2) upon a second conviction for the same infraction within a two-year period be fined not less than one hundred dollars and n…
Neb. Rev. Stat. § 29-437 Infraction; trial without a jury; constitutional rights.
0.3K chars
The trial of any person for an infraction shall be by the court without a jury. All other rights provided by the Constitution of the United States made applicable to the states by the Fourteenth Amendment to the Constitution of the United States and the Constitution of the State …
Neb. Rev. Stat. § 29-438 Infraction; treated as first offense; when.
0.2K chars
Any person charged with commission of an infraction which was committed more than two years after such person's last conviction for the same infraction shall be charged as though the most recent infraction was a first offense.
Neb. Rev. Stat. § 29-439 Domestic assault; arrest; conditions; report required.
1.0K chars
(1) If a peace officer receives complaints under section 28-323 from two or more opposing persons, the officer shall evaluate each complaint separately to determine who was the predominant aggressor. If the officer determines that one person was the predominant aggressor, the off…
Neb. Rev. Stat. § 29-440 Domestic assault; weapons; seizure and disposition.
0.7K chars
(1) Incident to an arrest under section 28-323, a peace officer: (a) Shall seize all weapons that are alleged to have been involved or threatened to be used; and (b) May seize any firearm and ammunition in the plain view of the officer or that is discovered pursuant to a search a…
Neb. Rev. Stat. § 29-4401 Presentence investigation; sentence suspension; probation; court orders; considerations.
0.6K chars
(1) When any person is found guilty of a crime involving abuse as defined in section 42-903, the judge shall order a presentence investigation to be completed and returned to the court for consideration at the time of sentencing. (2) At the time of sentencing, the court shall con…
Neb. Rev. Stat. § 29-4402 House arrest; prohibited.
0.2K chars
When a person is found guilty of a crime involving abuse as defined in section 42-903, a court shall not order house arrest for the person in the residence of the victim, regardless of the ownership of the residence.