Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Neb. Rev. Stat. § 29-4501 Legislative findings.
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The Legislature finds that to electronically record statements made during a custodial interrogation is an effective way to document a free, knowing, voluntary, and intelligent waiver of a person's right to remain silent, to agree to answer questions, to decide to have an attorne…
Neb. Rev. Stat. § 29-4502 Terms, defined.
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For purposes of sections 29-4501 to 29-4508: (1) Custodial interrogation has the meaning prescribed to it under the Fourth and Fifth Amendments to the Constitution of the United States and Article I, sections 3 and 7, of the Constitution of Nebraska, as interpreted by the United …
Neb. Rev. Stat. § 29-4503 Electronic recordation of statements and waiver of rights required; when.
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(1) All statements relating to crimes described in subsection (2) of this section and statements regarding rights described in section 29-4501 or the waiver of such rights made during a custodial interrogation at a place of detention that are described in subsection (2) of this s…
Neb. Rev. Stat. § 29-4504 Law enforcement officer; failure to comply with electronic recordation requirement; jury instruction.
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Except as otherwise provided in sections 29-4505 to 29-4507, if a law enforcement officer fails to comply with section 29-4503, a court shall instruct the jury that they may draw an adverse inference for the law enforcement officer's failure to comply with such section.
Neb. Rev. Stat. § 29-4505 Defendant; testimony contrary to statement; use of statement authorized.
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(1) If a defendant testifies contrary to his or her statement made during a custodial interrogation at a place of detention which was not electronically recorded, such statement may be used for the purpose of impeachment if it is shown that the statement was freely, knowingly, vo…
Neb. Rev. Stat. § 29-4506 Law enforcement officer; failure to comply with electronic recordation requirement; admissibility of evidence.
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If a law enforcement officer fails to comply with section 29-4503, such failure shall not bar the use of any evidence derived from such statement if the court determines that the evidence is otherwise admissible.
Neb. Rev. Stat. § 29-4507 Statement obtained out-of-state or by federal law enforcement officer; admissible; when.
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Any statement made during a custodial interrogation shall be admissible against such person in a criminal proceeding in this state if: (1) The statement was obtained in another state and was obtained in compliance with the laws of that state; or (2) The statement was obtained by …
Neb. Rev. Stat. § 29-4508 Inaudible portions; how treated.
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The existence of inaudible portions of an electronic recording, which are not the result of bad faith by a law enforcement officer to produce an inaudible result, standing alone, shall not render a statement out of compliance with section 29-4503.
Neb. Rev. Stat. § 29-4601 Act, how cited.
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Sections 29-4601 to 29-4608 shall be known and may be cited as the Nebraska Claims for Wrongful Conviction and Imprisonment Act.
Neb. Rev. Stat. § 29-4602 Legislative findings.
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The Legislature finds that innocent persons who have been wrongly convicted of crimes and subsequently imprisoned have been uniquely victimized, have distinct problems reentering society, and have difficulty achieving legal redress due to a variety of substantive and technical ob…
Neb. Rev. Stat. § 29-4603 Recovery; claimant; proof required.
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In order to recover under the Nebraska Claims for Wrongful Conviction and Imprisonment Act, the claimant shall prove each of the following by clear and convincing evidence: (1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of impri…
Neb. Rev. Stat. § 29-4604 Recovery of damages; determination of amount; restrictions.
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(1) A claimant under the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall recover damages found to proximately result from the wrongful conviction and that have been proved based upon a preponderance of the evidence. (2) The following costs shall not offset dama…
Neb. Rev. Stat. § 29-4605 Extinguishment of lien for costs of defense services.
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If the court finds that any property of the claimant was subjected to a lien to recover costs of defense services rendered by the state to defend the claimant in connection with the criminal case that resulted in his or her wrongful conviction, the court shall extinguish the lien…
Neb. Rev. Stat. § 29-4606 Provision of services to claimant; how treated.
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Nothing contained in the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall preclude the state from providing services to the claimant upon exoneration, and the reasonable value of services provided shall be treated as an advance against any award or judgment unde…
Neb. Rev. Stat. § 29-4607 Filing of claim.
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A claim brought pursuant to the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall be filed under the State Tort Claims Act.
Neb. Rev. Stat. § 29-4608 Claimant; rights; recovery under act; effect.
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Nothing in the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall limit the claimant from making any other claim available against any other party or based upon any other theory of recovery, except that a claimant who recovers a claim under the act shall not have …
Neb. Rev. Stat. § 29-4701 Terms, defined.
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For purposes of sections 29-4701 to 29-4706: (1) Benefit means any plea bargain, bail consideration, reduction or modification of sentence, or any other leniency, immunity, financial payment, reward, or amelioration of current or future conditions of incarceration that has been r…
Neb. Rev. Stat. § 29-4702 Applicability.
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Sections 29-4701 to 29-4706 apply to any case in which a suspect or defendant is charged with a felony.
Neb. Rev. Stat. § 29-4703 Prosecutor's office; duties.
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Each prosecutor's office shall undertake measures to maintain a searchable record of: (1) Each case in which: (a) Trial testimony is offered or provided by a jailhouse informant against a suspect's or defendant's interest; or (b) A statement from a jailhouse informant against a s…
Neb. Rev. Stat. § 29-4704 Disclosures required; deadline; redaction of information; prosecutor; duties.
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(1) Except as provided in subsection (3) of this section, if a prosecutor intends to use the testimony or statement of a jailhouse informant at a defendant's trial, the prosecutor shall disclose to the defense: (a) The known criminal history of the jailhouse informant; (b) Any be…
Neb. Rev. Stat. § 29-4705 Jailhouse informant receiving leniency; notice to victim.
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(1) For purposes of this section, the terms plea agreement and victim have the same meanings as in section 81-1848. (2) If a jailhouse informant receives leniency related to a pending charge, a conviction, or a sentence for a crime against a victim, in connection with offering or…
Neb. Rev. Stat. § 29-4706 Court orders authorized.
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If, at any time during the course of the proceedings, it is brought to the attention of the court that the prosecutor has failed to comply with section 29-4704, or an order issued pursuant to this section, the court may: (1) Order the prosecutor to disclose materials not previous…
Neb. Rev. Stat. § 29-4801 Terms, defined.
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For purposes of sections 29-4801 to 29-4807: (1) Case plan means a set of goals, conditions, and programs that is: (a) Based on a professional risk and needs assessment; (b) Tailored to the specific risks and needs of the veteran; and (c) Developed in collaboration with the veter…
Neb. Rev. Stat. § 29-4802 Veteran justice program; eligibility; confidential information.
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(1) Except as provided in subsection (2) of this section, a defendant is eligible to participate in a veteran justice program if the defendant is a veteran and can show by clear and convincing evidence that a condition from military service contributed to the offense. (2) A veter…
Neb. Rev. Stat. § 29-4803 Veteran justice program; created; use of deferred judgments; procedure; applicability of provisions.
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(1) The probation administrator shall create a veteran justice program as provided in sections 29-4802 to 29-4804 and subject to the Supreme Court's rules. The program shall be available in every district court and county court. A veteran justice program shall not supersede, alte…
Neb. Rev. Stat. § 29-4804 Veteran justice program; elements; discretionary matters; notice to victim.
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(1) A veteran justice program shall include the following elements: (a) Evidence-based treatment tailored to address the specific challenges facing veterans, such as post-traumatic stress disorder, traumatic brain injury, military sexual trauma, or another condition from military…
Neb. Rev. Stat. § 29-4805 Veteran status; considerations in sentencing.
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(1) When arraigning any defendant, the court shall offer the defendant the ability to communicate his or her veteran status through counsel or by other means. The court shall not require that the defendant self-identify as a veteran in open court. (2) When sentencing a defendant …
Neb. Rev. Stat. § 29-4806 Law enforcement, court, and correctional personnel; veteran status; verification; training.
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(1) Law enforcement, court, and correctional personnel shall verify the veteran status of any individual being processed through the criminal justice system in order to identify individuals who may be eligible for participation in a veteran justice program or for sentencing mitig…
Neb. Rev. Stat. § 29-4807 Supreme Court Administrator; duties.
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(1) The State Court Administrator shall compile information on the number of veterans receiving, successfully completing, declining, and denied participation in a veteran justice program and the sentencing mitigation described in section 29-4805. (2) The State Court Administrator…
Neb. Rev. Stat. § 29-4808 Veteran justice program; veteran sentencing considerations; training; reports; applicability of provisions.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-4901 Terms, defined.
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For purposes of sections 29-4901 to 29-4908: (1) Brady-Giglio case law means Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), and subsequent cases of the Supreme Court of the United States and the Supreme Court of Nebraska; (2) Brady-Giglio…
Neb. Rev. Stat. § 29-4902 Discharge or discipline for being named in Brady-Giglio disclosure; prohibited.
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(1) An officer shall not be discharged, disciplined, or threatened with discharge or discipline, or subject to revocation or suspension of a certificate under sections 81-1401 to 81-1414.19, solely because a prosecuting agency has: (a) Named the officer in a Brady-Giglio disclosu…
Neb. Rev. Stat. § 29-4903 County with population of one hundred thousand or more; prosecuting agency; duties; reviewing Brady-Giglio disclosures; advisory committee; applicability; confidentiality.
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(1)(a) This section applies to any county with a population of one hundred thousand or more inhabitants. (b) For a county which includes a city of the metropolitan or primary class, the county attorney and city attorney of such city shall operate under an interlocal agreement to …
Neb. Rev. Stat. § 29-4904 County with population under one hundred thousand; prosecuting agency; duties.
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(1) This section applies to any county with a population of fewer than one hundred thousand inhabitants. (2) A prosecuting agency shall provide an officer with written notice, including the proposed rationale, when determining whether the officer is subject to a prospective Brady…
Neb. Rev. Stat. § 29-4905 Review of Brady-Giglio disclosure; petition to district court; procedure; applicability.
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(1)(a) An officer aggrieved by a prosecuting agency's final decision to name the officer in a Brady-Giglio disclosure may file a petition in the district court seeking review of such decision. (b) For an officer in a county with one hundred thousand or more inhabitants: (i) Prior…
Neb. Rev. Stat. § 29-4906 Officer's personal information; disclosure prohibited.
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(1) An officer's personal information, including, but not limited to, the officer's home address, personal telephone number, personal email address, date of birth, social security number, and operator's license number shall be confidential and shall be redacted from any record pr…
Neb. Rev. Stat. § 29-4907 Retaliation prohibited.
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An officer shall not be discharged, disciplined, or threatened with discharge or discipline, or subject to revocation or suspension of a certificate under sections 81-1401 to 81-1414.19, in retaliation for exercising the rights of the officer enumerated in sections 29-4901 to 29-…
Neb. Rev. Stat. § 29-4908 Rights in addition to collective-bargaining agreements or other law.
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The rights enumerated in sections 29-4901 to 29-4908 are in addition to any other rights granted pursuant to a collective-bargaining agreement or other law.
Repealed. Laws 2007, LB 214, § 5.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 214, § 5.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 214, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-504 Felony; speedy preliminary hearing required.
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When the complaint is for a felony, upon the accused being brought before the magistrate, he shall proceed as soon as may be, in the presence of the accused, to inquire into the complaint.
Neb. Rev. Stat. § 29-505 Witnesses; preliminary hearing; segregation.
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The magistrate, if requested, or if he sees good cause therefor, shall order that the witnesses on both sides be examined each one separate from all the others, and that the witnesses for may be kept separate from the witnesses against the accused during the examination.
Neb. Rev. Stat. § 29-506 Probable cause finding; effect; accused to be committed or released on bail; conditions; appearance bond.
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If upon the whole examination, it shall appear that no offense has been committed or that there is no probable cause for holding the accused to answer for the offense, he shall be discharged; but if it shall appear that an offense has been committed and there is probable cause to…
Neb. Rev. Stat. § 29-507 Felony; witness; release from custody; conditions.
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A witness against a person accused of a felony shall be ordered released from custody unless the court determines in the exercise of discretion that such release will not reasonably assure that the witness will appear and testify at the trial as required. When a determination to …
Neb. Rev. Stat. § 29-508 Refusal of witness to enter into recognizance or accept conditions; effect.
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If any witness required to enter into a recognizance or accept specified conditions for release under section 29-507 refuses to comply with such order, the court shall, subject to the conditions and procedure provided in section 29-508.01, commit him or her to jail until he or sh…
Neb. Rev. Stat. § 29-508.01 Witness committed to jail; prerequisites; rights; appeal.
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Before a witness is committed to jail under subdivision (4) of section 29-507 or 29-508, he or she shall: (1) Receive written notice of the allegations upon which the state relied for its claim of a right to require a recognizance or detention and of the time and place of the hea…
Neb. Rev. Stat. § 29-508.02 Witness committed to jail; receive witness fee.
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A witness committed to jail under subdivision (4) of section 29-507 or 29-508 shall, in addition to the fee provided under section 33-139, receive an amount equal to the amount a witness receives under section 29-1908 for each day held in custody.
Neb. Rev. Stat. § 29-509 Docket; required; record of recognizances; transcript.
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It shall be the duty of every magistrate in criminal proceedings to keep a docket thereof as in civil cases. All recognizances taken under section 29-506 or 29-507, together with a transcript of the proceedings, where the defendant is held to answer, shall be certified and return…
Neb. Rev. Stat. § 29-510 Finding; offense of a higher grade committed than that charged; power of magistrate.
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If upon the examination it shall appear to the magistrate that the accused has committed an offense of a higher grade than that charged, he may be held to answer therefor.