reglab/housing_qa huggingface dataset:
NE Code § 29-4202 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4202 - Audiovisual court appearance; when permitted.

29-4202.  Audiovisual court appearance; when permitted.(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 appearance and may order the detainee or prisoner to appear physically in the courtroom.(2) An audiovisual court appearance shall meet the conditions required by sections 29-4201 to 29-4207.Source  Laws 1999, LB 623, § 2;  Laws 2006, LB 1115, § 21.
NE Code § 29-4204 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4204 - Audiovisual communication system and facilities; requirements.

29-4204.  Audiovisual communication system and facilities; requirements.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 between the judge or magistrate and the detainee or prisoner;(2) Operate so that the detainee or prisoner and his or her counsel, if any, are both physically in the same location during the audiovisual court appearance; or if the detainee or prisoner and his or her counsel are in different locations, operate so that the detainee or prisoner and counsel can communicate privately and confidentially and be allowed to confidentially transmit papers back and forth; and(3) Be at locations conducive to judicial proceedings. Audiovisual court proceedings may be conducted in the courtroom, the judge's or magistrate's chambers, or any other location suitable for audiovisual communications. The locations shall be sufficiently lighted for use of the audiovisual equipment. The location provided for the judge or magistrate to preside shall be accessible to the public and shall be operated so that interested persons have an opportunity to observe the proceeding.Source  Laws 1999, LB 623, § 4;  Laws 2006, LB 1115, § 23;  Laws 2009, LB90, § 1.
NE Code § 29-4205 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4205 - Audiovisual court appearance; procedures.

29-4205.  Audiovisual court appearance; procedures.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 promptly filed with the court and the detainee or prisoner must promptly be provided with a copy of all documents which the detainee or prisoner signs;(2) The record of the court reporting personnel shall be the official record of the proceeding; and(3) On motion of the detainee or prisoner or the prosecuting attorney or in the court's discretion, the court may terminate an audiovisual appearance and require an appearance by the detainee or prisoner.Source  Laws 1999, LB 623, § 5;  Laws 2006, LB 1115, § 24;  Laws 2018, LB983, § 1.
NE Code § 29-4207 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4207 - Rules of practice and procedure.

29-4207.  Rules of practice and procedure.The Supreme Court may promulgate rules of practice and procedure for implementation of sections 29-4201 to 29-4207.Source  Laws 1999, LB 623, § 7;  Laws 2006, LB 1115, § 26.
NE Code § 29-4301 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4301 - Legislative findings.

29-4301.  Legislative findings.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. Without assurances that communications made while receiving assistance in overcoming the adverse effects of a sexual assault or domestic violence situation will be confidential and protected from disclosure, victims will be even more reluctant to seek assistance or to confide openly to their advocates and to explore legal and social remedies fully. As a result, victims may fail to receive needed vital care and counseling and thus lack the support, resources, and information necessary to recover from the crime, to report the crime, to assist in the prosecution of the crime, to participate effectively in the justice system, to achieve legal protections, and to prevent future sexual assaults and domestic violence. This is a matter of statewide concern, and the prevention of violence is for the protection of the health, safety, and welfare of the public.Source Laws 2004, LB 613, § 1.
NE Code § 29-4302 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4302 - Terms, defined.

29-4302.  Terms, defined.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 office, whose primary purpose is assisting domestic violence and sexual assault victims;(2) Victim means a person who communicates with an advocate for assistance in overcoming the adverse effects of domestic violence or sexual assault; and(3) Confidential communication means any written or spoken information exchanged between a victim and an advocate in private or in the presence of a third party who is necessary to facilitate communication or further the advocacy process and which is disclosed to the advocate for the purposes of overcoming the adverse effects of domestic violence or sexual assault.Source Laws 2004, LB 613, § 2.
NE Code § 29-4303 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4303 - Confidential communications; disclosure; when.

29-4303.  Confidential communications; disclosure; when.(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 application of either party, shall not be compelled to give testimony or to produce records concerning a confidential communication for any purpose in any criminal, civil, legislative, administrative, or other proceeding, except as follows:(a) The party seeking disclosure of a confidential communication shall, in a criminal, civil, or administrative proceeding, file a motion that sets forth specifically the issues on which disclosure is sought and enumerates the reasons why the party is seeking disclosure and why disclosure is necessary, accompanied by an affidavit or affidavits containing specific information which establishes that the confidential communication constitutes relevant and material evidence in the case; and(b) If the party seeking disclosure has complied with subdivision (a) of this subsection, the court or a hearing officer shall review the confidential communication in camera and out of the presence and hearing of all persons, except the victim, the advocate, and any other person the victim is willing to have present, to determine whether a failure to disclose the confidential communication would violate the constitutional rights of the party seeking disclosure.(2) An advocate, a victim, or a third party as described in subdivision (3) of section 29-4302 cannot be compelled to provide testimony in any criminal, civil, legislative, administrative, or other proceeding that would identify the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense that is the subject of the proceeding unless the facility is a party to the proceeding.Source Laws 2004, LB 613, § 3.
NE Code § 29-4304 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4304 - Confidential communications; waiver; sections, how construed.

29-4304.  Confidential communications; waiver; sections, how construed.(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 the court to rule that justice requires the protections afforded by sections 29-4301 to 29-4304 be waived to the extent the protections apply to that portion of the confidential communication; and(b) Any waiver shall apply only to the extent necessary to require any witness to respond to counsel's questions concerning a confidential communication that is relevant to the case.(2) An advocate cannot waive the protections afforded a victim under sections 29-4301 to 29-4304. However, if a victim brings suit against an advocate or the agency, business, or organization in which the advocate was employed or served as a volunteer at the time of the advocacy relationship, the advocate may testify or produce records regarding confidential communications with the victim and is not in violation of sections 29-4301 to 29-4304.(3) Sections 29-4301 to 29-4304 shall not relieve an advocate of any duty to report suspected adult abuse or neglect as required by section 28-372 or suspected child abuse or neglect as required by section 28-711 or any other legal duty to report a criminal or unlawful act.(4) Sections 29-4301 to 29-4304 shall not be construed to limit any other testimonial privilege available to any person under the laws of this state.Source Laws 2004, LB 613, § 4.
NE Code § 29-4305 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4305 - Law enforcement agencies, prosecuting attorneys, and Office of Probation Administration; duties.

29-4305.  Law enforcement agencies, prosecuting attorneys, and Office of Probation Administration; duties.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.Source Laws 2004, LB 613, § 11.
NE Code § 29-4306 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4306 - Collection of evidence; requirements.

29-4306.  Collection of evidence; requirements.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 consent of the sexual assault or domestic violence victim without separate authorization by a law enforcement agency. If the sexual assault or domestic violence victim is eighteen years of age, the consent of or notification of the parent, parents, guardian, or any other person having custody of the sexual assault or domestic violence victim is not required.Source  Laws 2005, LB 713, § 1;  Laws 2011, LB479, § 1.
NE Code § 29-4307 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4307 - City of the primary or metropolitan class; annual report.

29-4307.  City of the primary or metropolitan class; annual report.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 shall not contain any personal identifying information. The report shall be made publicly available on the city's website and shall be electronically submitted to the Attorney General and to the Legislature.Source Laws 2020, LB881, § 1.
NE Code § 29-4308 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4308 - Act, how cited.

29-4308.  Act, how cited.Sections 29-4308 to 29-4315 shall be known and may be cited as the Sexual Assault Victims' Bill of Rights Act.Source Laws 2020, LB43, § 1.
NE Code § 29-4309 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4309 - Terms, defined.

29-4309.  Terms, defined.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 law enforcement or prosecutor's office, whose primary purpose is assisting domestic violence and sexual assault victims. This includes employees or supervised volunteers of an Indian tribe or a postsecondary educational institution;(ii) A representative from a victim and witness assistance center as established in sections 81-1845 to 81-1847 or a similar entity affiliated with a law enforcement agency or prosecutor's office; or(iii) An advocate who is employed by a child advocacy center that meets the requirements of subsection (2) of section 28-728.(b) If reasonably possible, an advocate shall speak the victim's preferred language or use the services of a qualified interpreter;(2) Health care provider means any individual who is licensed, certified, or registered to perform specified health services consistent with state law;(3) Sexual assault means a violation of section 28-319, 28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05, 28-703, or 28-1463.03, sex trafficking or sex trafficking of a minor under section 28-831, or subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707;(4) Sexual assault forensic evidence means evidence collected by a health care provider contained within any sexual assault forensic evidence collection kit, including a toxicology kit, or any forensic evidence collected by law enforcement through the course of an investigation; and(5)(a) Sexual assault victim or victim means any person who is a victim of sexual assault who reports such sexual assault:(i) To a health care provider, law enforcement, or an advocate, including anonymous reporting as provided in section 28-902; and(ii) In the case of a victim who is under eighteen years of age, to the Department of Health and Human Services.(b) Sexual assault victim or victim also includes, if the victim described in subdivision (5)(a) of this section is incompetent, deceased, or a minor who is unable to consent to counseling services, such victim's parent, guardian, or spouse, unless such person is the reported assailant.Source Laws 2020, LB43, § 2.
NE Code § 29-4310 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4310 - Privileged communication; presence of others; effect; prosecutor; duty.

29-4310.  Privileged communication; presence of others; effect; prosecutor; duty.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 with respect to each individual present. Nothing in this section shall relieve the prosecutor of the prosecutor's duty to disclose and make known to the defendant or the defendant's attorney any and all exculpatory material or information suitable for impeachment which is known to the prosecutor.Source Laws 2020, LB43, § 3.
NE Code § 29-4311 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4311 - Medical evidentiary or physical examinations; rights of victim.

29-4311.  Medical evidentiary or physical examinations; rights of victim.(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 victim. If an advocate cannot appear in a timely manner, the health care provider shall inform the victim of the potential impact of delaying the examination.(2) A victim retains such right to have an advocate present at any time during any medical evidentiary or physical examination, regardless of whether the victim has previously waived such right.(3) A victim has the right to a free forensic medical examination as provided in section 81-1429.03 without regard to whether a victim participates in the criminal justice system or cooperates with law enforcement.(4) A victim has the right to be provided health care in accordance with best practices and established protocols for age-appropriate sexual assault forensic medical examinations as set forth in publications of the Office on Violence Against Women of the United States Department of Justice.(5) A victim has the protection of confidential communications as provided in sections 29-4301 to 29-4304.(6) A victim has the right to shower at no cost after the medical evidentiary or physical examination, unless showering facilities are not available.(7) A victim has the right to anonymous reporting as provided in section 28-902.Source Laws 2020, LB43, § 4.
NE Code § 29-4312 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4312 - Interview or deposition; rights of victim.

29-4312.  Interview or deposition; rights of victim.(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 victim's rights under this subsection. The peace officer, prosecutor, or defense attorney shall contact the advocate before beginning the interview, unless declined by the victim.(b) A victim has the right to have an advocate present during a deposition as provided in sections 29-1917 and 29-1926.(c) An advocate present at an interview or deposition under this subsection shall not interfere in the interview or deposition or provide legal advice.(d) Nothing in this subsection shall preclude law enforcement officers or prosecutors from contacting a victim directly to make limited inquiries regarding the sexual assault.(2) A victim has the right to be interviewed by a peace officer of the gender of the victim's choosing, if such request can be reasonably accommodated by a peace officer that is properly trained to conduct such interviews.(3) A victim has the right to be interviewed by a peace officer that speaks the victim's preferred language or to have a qualified interpreter available, if such request can be reasonably accommodated.(4) A peace officer, prosecutor, or defense attorney shall not, for any reason, discourage a victim from receiving a medical evidentiary or physical examination.(5) A victim has the right to counsel. This subsection does not create a new obligation by the state or a political subdivision to appoint or pay for counsel. Treatment of the victim shall not be affected or altered in any way as a result of the victim's decision to exercise such right to counsel.(6) A victim who is a child three to eighteen years of age has the right to a forensic interview at a child advocacy center by a professional with specialized training as provided in section 28-728. The right to have an advocate, representative, or attorney present shall not apply during such a forensic interview.Source Laws 2020, LB43, § 5.
NE Code § 29-4313 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4313 - Sexual assault forensic evidence; rights of victim.

29-4313.  Sexual assault forensic evidence; rights of victim.(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 forensic evidence, if evidence has been obtained.(3) A law enforcement agency shall collect the sexual assault forensic evidence upon notification by the health care provider and shall retain the sexual assault forensic evidence for the longer of the statute of limitations applicable to the sexual assault or the retention period set forth in subsection (4) of section 28-902.(4) A victim has a right to contact the investigating law enforcement agency and be provided with information on the status of the processing and analysis of the victim's sexual assault forensic evidence, if the victim did not report anonymously.(5) A victim has the right to have the results of the analysis of the victim's sexual assault forensic evidence uploaded to the appropriate local, state, and federal DNA databases, as allowed by law.(6) A victim has the right to be informed by the investigating law enforcement agency, upon the victim's request, of the results of analysis of the victim's sexual assault forensic evidence, whether the analysis yielded a DNA profile, and whether the analysis yielded a DNA match, either to the named perpetrator or to a suspect already in the Federal Bureau of Investigation's Combined DNA Index System, so long as the provision of such information would not hinder or interfere with investigation or prosecution of the case associated with such information.(7) A victim has the right to inspect or request copies of law enforcement reports concerning the sexual assault at the conclusion of the case.Source Laws 2020, LB43, § 6.
NE Code § 29-4314 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4314 - Sexual assault forensic evidence; uses prohibited.

29-4314.  Sexual assault forensic evidence; uses prohibited.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 Uniform Controlled Substances Act that may have been committed by the victim.Source Laws 2020, LB43, § 7. Cross References  Uniform Controlled Substances Act, see section 28-401.01.