Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Repealed. Laws 1963, c. 159, § 31.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 159, § 31.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 159, § 31.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 159, § 31.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 159, § 31.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 159, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-729 Terms, defined.
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Where appearing in sections 29-729 to 29-758, the term Governor includes any person performing the functions of Governor by authority of the law of this state. The term Executive Authority includes the Governor, and any person performing the functions of Governor in a state other…
Neb. Rev. Stat. § 29-730 Fugitives from justice; Governor; duty.
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Subject to the provisions of sections 29-729 to 29-758, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the Execut…
Neb. Rev. Stat. § 29-731 Form of demand.
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No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under section 29-734, that the accused was present in the demanding state at the time of the commission of the all…
Neb. Rev. Stat. § 29-732 Governor; order investigation.
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When a demand shall be made upon the Governor of this state by the Executive Authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in invest…
Neb. Rev. Stat. § 29-733 Persons imprisoned or waiting trial out of state; left the demanding state involuntarily; extradition.
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When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the Executive Authority of such …
Neb. Rev. Stat. § 29-734 Persons not present in demanding state at time of commission of crime; extradition.
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The Governor of this state may also surrender, on demand of the Executive Authority of any other state, any person in this state charged in such other state in the manner provided in section 29-731 with committing an act in this state, or in a third state, intentionally resulting…
Neb. Rev. Stat. § 29-735 Warrant of arrest; issuance.
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If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substa…
Neb. Rev. Stat. § 29-736 Warrant of arrest; execution.
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Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the…
Neb. Rev. Stat. § 29-737 Arresting officer; authority.
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Every such peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those…
Neb. Rev. Stat. § 29-738 Rights of accused person; writ of habeas corpus; application.
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No person arrested upon such warrant shall be delivered over to the agent whom the Executive Authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand …
Neb. Rev. Stat. § 29-739 Rights of accused person; violation; penalty.
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Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in willful disobedience to section 29-738, shall be guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 29-740 Confinement; when necessary; requirements.
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The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail m…
Neb. Rev. Stat. § 29-741 Warrant of arrest; issuance prior to requisition; grounds.
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Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under section 29-734, with having fled from justice, or with hav…
Neb. Rev. Stat. § 29-742 Arrest without warrant by officer or citizen; when.
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The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but wh…
Neb. Rev. Stat. § 29-743 Commitment to await requisition; bail.
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If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 29-734, that he has fled from justice, the judge or magistrate must, by a warrant reciti…
Neb. Rev. Stat. § 29-744 Bail; bond; conditions.
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Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient suret…
Neb. Rev. Stat. § 29-745 Commitment; discharge, recommitment, or bail.
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If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or magistrate judge may again take ba…
Neb. Rev. Stat. § 29-746 Bail; forfeiture; effect.
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If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery m…
Neb. Rev. Stat. § 29-747 Persons under criminal prosecution in this state at time of requisition; Governor; discretionary powers.
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If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the Governor, in his discretion, either may surrender him on demand of the Executive Authority of another state or hold him until he has been tried and discharged o…
Neb. Rev. Stat. § 29-748 Guilt or innocence of accused; inquiry; when.
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The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the Governor, …
Neb. Rev. Stat. § 29-749 Warrant of arrest; recall; issuance.
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The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
Neb. Rev. Stat. § 29-750 Fugitives from this state; warrant; Governor's duty.
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Whenever the Governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the Executive Authority of any other state, or from the Chief Justice or an Associate Justice …
Neb. Rev. Stat. § 29-751 Fugitives from this state; requisition; application; contents; filing.
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(1) When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the Governor a written application for a requisition for the return of the person charged in which application shall be stated the name of the per…
Neb. Rev. Stat. § 29-752 Costs; expenses; payment.
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When the punishment of the crime is the confinement of the criminal in a Department of Correctional Services adult correctional facility, the expenses shall be paid out of the state treasury on the certificate of the Governor and warrant of the State Treasurer and Director of Adm…
Neb. Rev. Stat. § 29-753 Extradition; civil action; immunity from service of process in certain cases.
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A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he…
Neb. Rev. Stat. § 29-754 Extradition proceedings; written waiver; procedure.
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Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in sections 29-735 and 29-73…
Neb. Rev. Stat. § 29-755 Nonwaiver by this state.
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Nothing in sections 29-729 to 29-758 contained shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradit…
Neb. Rev. Stat. § 29-756 Extradition; other criminal prosecutions; no right of asylum or immunity.
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After a person has been brought back to this state by, or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.
Neb. Rev. Stat. § 29-757 Sections, how construed.
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The provisions of sections 29-729 to 29-758 shall be so interpreted and construed as to effectuate their general purposes to make uniform the law of those states which enact them.
Neb. Rev. Stat. § 29-758 Act, how cited.
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Sections 29-729 to 29-758 may be cited as the Uniform Criminal Extradition Act.
Neb. Rev. Stat. § 29-759 Text of agreement.
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The Agreement on Detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows: "TEXT OF THE AGREEMENT ON DETAINERS The contracting states solemnly agree that: Article I The party stat…
Neb. Rev. Stat. § 29-760 Appropriate court, defined.
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The phrase appropriate court as used in the Agreement on Detainers shall, with reference to the courts of this state, mean any court with criminal jurisdiction in the matter involved.
Neb. Rev. Stat. § 29-761 Enforcement of agreement.
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All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Neb. Rev. Stat. § 29-762 Escape from custody; penalty.
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Escape from custody while in another state pursuant to the Agreement on Detainers shall constitute an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to…
Neb. Rev. Stat. § 29-763 Official in charge of penal or correctional institution; duties.
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It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.
Neb. Rev. Stat. § 29-764 Central administrator; appointment; powers.
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Pursuant to said agreement, the Governor is hereby authorized and empowered to designate an officer or alternate who shall be the central administrator of and the information agent for the Agreement on Detainers and who, acting jointly with like officers of other party states, sh…
Neb. Rev. Stat. § 29-765 Copies of sections; distribution.
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Copies of sections 29-759 to 29-765 shall, upon its approval, be transmitted by the Secretary of State to the Governor of each state, the Attorney General and the administrator of general services of the United States, and the Council of State Governments.
Repealed. Laws 1963, c. 161, § 12.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 161, § 12.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 161, § 12.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 161, § 12.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 161, § 12.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 161, § 12.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 161, § 12.
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[Repealed or reserved.]