reglab/housing_qa huggingface dataset:
NE Code § 29-4104 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4104 - State DNA Database; established; contents; Nebraska State Patrol; duties.

29-4104.  State DNA Database; established; contents; Nebraska State Patrol; duties.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 the Federal Bureau of Investigation and other law enforcement agencies in regard to the state's participation in the Combined DNA Index System. The State DNA Database shall store and maintain DNA records related to:(1) Forensic casework, including, but not limited to, forensic casework relating to missing persons, relatives of missing persons, and unidentified human remains;(2) Convicted offenders required to provide a DNA sample under the DNA Identification Information Act;(3) Anonymous DNA records used for research or quality control; and(4) Missing persons, relatives of missing persons, and unidentified human remains.Source   Laws 1997, LB 278, § 4;  Laws 2006, LB 385, § 5;  Laws 2006, LB 1113, § 30.
NE Code § 29-4106.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4106.01 - DNA samples; collection method choice.

29-4106.01.  DNA samples; collection method choice.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 method made by the person providing the DNA sample. If the person required to submit the DNA sample does not indicate a preference as to the method of collection, either method may be used to collect the sample.Source Laws 2006, LB 1113, § 31.
NE Code § 29-4107 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4107 - DNA samples; persons authorized to obtain samples; immunity.

29-4107.  DNA samples; persons authorized to obtain samples; immunity.(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, or other independent health care practitioner licensed to practice by the state if the scope of practice of that practitioner permits the practitioner to obtain blood specimens, or (c) who are both employed by a licensed institution or facility and have been trained to withdraw human blood for scientific or medical purposes shall withdraw blood for a DNA blood sample under the DNA Identification Information Act. Withdrawal of blood shall be performed in a medically approved manner using a collection kit provided or accepted by the Nebraska State Patrol. The collection of buccal cell samples shall be performed by any person approved or designated by the Nebraska State Patrol and using a collection kit provided or accepted by the Nebraska State Patrol.(2) In addition to the DNA sample, one thumb print or fingerprint shall be taken from the person from whom the DNA sample is being collected for the exclusive purpose of verifying the identity of such person. The DNA sample and the thumb print or fingerprint shall be delivered to the Nebraska State Patrol within five working days after collecting the sample unless the DNA sample was collected from buccal cell samples, in which case the DNA sample shall be delivered within ten working days after collecting the sample.(3) A person authorized to collect DNA samples under the act is not criminally liable for collecting a DNA sample and transmitting DNA records pursuant to the act if he or she performs these activities in good faith and is not civilly liable for such activities if he or she performed such activities in a reasonable manner according to generally accepted medical standards for blood samples or in accordance with the collection kit and procedures approved by the Nebraska State Patrol for tissue samples.Source   Laws 1997, LB 278, § 7;  Laws 2000, LB 151, § 1;  Laws 2006, LB 385, § 8;  Laws 2006, LB 1113, § 33;  Laws 2012, LB66, § 2.
NE Code § 29-4108 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4108 - DNA samples and DNA records; confidentiality.

29-4108.  DNA samples and DNA records; confidentiality.(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) To law enforcement agencies and forensic DNA laboratories which serve such agencies and which participate in the Combined DNA Index System; and(b) Upon written or electronic request and in furtherance of an official investigation of a criminal offense or offender or suspected offender.(2) The Nebraska State Patrol shall adopt and promulgate rules and regulations governing the methods of obtaining information from the State DNA Database and the Combined DNA Index System and procedures for verification of the identity and authority of the requester.(3) The Nebraska State Patrol may, for good cause shown, revoke or suspend the right of a forensic DNA laboratory in this state to have access to or submit records to the State DNA Database.(4) For purposes of this subsection, person means a law enforcement agency, the Federal Bureau of Investigation, any forensic DNA laboratory, or person. No records or DNA samples shall be provided to any person unless such person enters into a written agreement with the Nebraska State Patrol to comply with the provisions of section 29-4109 relative to expungement, when notified by the Nebraska State Patrol that expungement has been granted. Every person shall comply with the provisions of section 29-4109 within ten calendar days of receipt of such notice and certify in writing to the Nebraska State Patrol that such compliance has been effectuated. The Nebraska State Patrol shall provide notice of such certification to the person who was granted expungement.Source   Laws 1997, LB 278, § 8;  Laws 2006, LB 385, § 9;  Laws 2020, LB106, § 1.
NE Code § 29-4109 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4109 - DNA record; expungement; procedure.

29-4109.  DNA record; expungement; procedure.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 case dismissed. The Nebraska State Patrol shall purge all DNA records and identifiable information in the database pertaining to the person and destroy all DNA samples from the person upon receipt of a written request for expungement pursuant to this section and a certified copy of the final court order reversing and dismissing the conviction.Within ten calendar days of granting expungement, the Nebraska State Patrol shall provide written notice of such expungement pursuant to subsection (4) of section 29-4108, to any person to whom DNA records and samples have been made available. The Nebraska State Patrol shall establish procedures for providing notice of certification of expungement to the person who was granted expungement.Source   Laws 1997, LB 278, § 9;  Laws 2006, LB 385, § 10.
NE Code § 29-4110 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4110 - Unlawfully obtaining or possessing DNA samples or records; penalty.

29-4110.  Unlawfully obtaining or possessing DNA samples or records; penalty.(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 that such person or agency is not authorized to receive them.(2) No person shall obtain individually identifiable DNA samples or DNA records from the State DNA Database or the State DNA Sample Bank without authorization to do so. Any person who knowingly violates this subsection is guilty of a Class III misdemeanor.Source  Laws 1997, LB 278, § 10.
NE Code § 29-4111 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4111 - Unlawful disclosure for pecuniary gain; penalty; attorney's fees.

29-4111.  Unlawful disclosure for pecuniary gain; penalty; attorney's fees.(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 manner to any person or agency not authorized to receive them is guilty of a Class III misdemeanor.(2) Any person aggrieved by a knowing violation of this section has the substantive right to bring an action for damages for such violation in a court of competent jurisdiction. A person found by the court to have been aggrieved by a knowing violation of this section may receive damages of not less than one hundred dollars for each violation and may recover the reasonable costs of the litigation and attorney's fees.Source  Laws 1997, LB 278, § 11.
NE Code § 29-4112 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4112 - Injunction.

29-4112.  Injunction.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.Source   Laws 1997, LB 278, § 12;  Laws 2006, LB 385, § 11.
NE Code § 29-4113 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4113 - DNA samples; additional offenses; Nebraska State Patrol; duties.

29-4113.  DNA samples; additional offenses; Nebraska State Patrol; duties.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 recommend additional offenses, the Nebraska State Patrol shall consider those offenses for which DNA testing will have a substantial impact on the detection and identification of sexual offenders and violent offenders.Source   Laws 1997, LB 278, § 13;  Laws 2006, LB 385, § 12.
NE Code § 29-4114 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4114 - Rules and regulations.

29-4114.  Rules and regulations.The Nebraska State Patrol shall adopt and promulgate rules and regulations to carry out the DNA Identification Information Act.Source   Laws 1997, LB 278, § 14;  Laws 2006, LB 385, § 13.
NE Code § 29-4115 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4115 - Act; how construed.

29-4115.  Act; how construed.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.Source   Laws 1997, LB 278, § 15;  Laws 2001, LB 432, § 8;  Laws 2006, LB 385, § 14.
NE Code § 29-4115.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4115.01 - State DNA Sample and Database Fund; created; use; investment.

29-4115.01.  State DNA Sample and Database Fund; created; use; investment.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 available by any department or agency of the United States Government if so directed by such department or agency. The fund shall be used to pay the expenses of the Department of Correctional Services and the Nebraska State Patrol as needed to collect DNA samples as provided in section 29-4106. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source  Laws 2010, LB190, § 6;  Laws 2017, LB331, § 21.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 29-4117 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4117 - Legislative intent.

29-4117.  Legislative intent.It is the intent of the Legislature that wrongfully convicted persons have an opportunity to establish their innocence through deoxyribonucleic acid, DNA, testing.Source Laws 2001, LB 659, § 2. Annotations The DNA Testing Act is a limited remedy providing inmates an opportunity to obtain DNA testing in order to establish innocence after a conviction. State v. Myers, 304 Neb. 789, 937 N.W.2d 181 (2020).
NE Code § 29-4118 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4118 - Legislative findings.

29-4118.  Legislative findings.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 the crime scene;(2) Because of its scientific precision and reliability, DNA testing can, in some cases, conclusively establish the guilt or innocence of a criminal defendant. In other cases, DNA may not conclusively establish guilt or innocence but may have significant probative value to a finder of fact;(3) While DNA testing is increasingly commonplace in pretrial investigations currently, it was not widely available in cases prior to 1994. Moreover, new forensic DNA testing procedures, such as polymerase chain reaction amplification, DNA short tandem repeat analysis, and mitochondrial DNA analysis, make it possible to obtain results from minute samples that previously could not be tested and to obtain more informative and accurate results than earlier forms of forensic DNA testing could produce. As a result, in some cases, convicted inmates have been exonerated by new DNA tests after earlier tests had failed to produce definitive results;(4) Because DNA testing is often feasible on relevant biological material that is decades old, it can in some circumstances prove that a conviction which predated the development of DNA testing was based upon incorrect factual findings. DNA evidence produced even decades after a conviction can provide a more reliable basis for establishing a correct verdict than any evidence proffered at the original trial. DNA testing, therefor, can and has resulted in postconviction exoneration of innocent men and women;(5) In the past decade, there have been multiple postconviction exonerations in the United States and Canada based upon DNA testing. In addition, a disturbing number of persons sentenced to death have been exonerated through postconviction DNA testing, some of these exonerations coming within days of their execution date;(6) DNA testing responds to serious concerns regarding wrongful convictions, especially those arising out of mistaken eyewitness identification testimony; and(7) There is a compelling need to ensure the preservation of biological material for postconviction DNA testing, for a limited period.Source Laws 2001, LB 659, § 3. Annotations The DNA Testing Act was not intended to be an alternative vehicle for raising claims of ineffective assistance of counsel. State v. Haas, 279 Neb. 812, 782 N.W.2d 584 (2010).
NE Code § 29-4119 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4119 - Exculpatory evidence, defined.

29-4119.  Exculpatory evidence, defined.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.Source Laws 2001, LB 659, § 4.
NE Code § 29-4121 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4121 - DNA testing; costs.

29-4121.  DNA testing; costs.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 the state in the following manner:(1) If the Commission on Public Advocacy has been appointed to represent the person filing the motion, as determined under section 29-4122, the costs of testing shall be paid by the commission from funds appropriated by the Legislature; and(2) If the Commission on Public Advocacy has not been appointed to represent the person filing the motion, the court shall hold a hearing to determine the costs for DNA testing. The court shall order the commission to pay such costs. The order shall be forwarded by the clerk of the court to the commission, along with copies of all invoices for such DNA testing. Upon receipt, the commission shall pay such costs from funds appropriated by the Legislature.Source  Laws 2001, LB 659, § 6;  Laws 2002, LB 876, § 70.  Cross References  Commission on Public Advocacy, see the County Revenue Assistance Act, section 29-3919.
NE Code § 29-4122 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4122 - Appointed counsel; when.

29-4122.  Appointed counsel; when.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 the commission is able to accept the appointment. If the chief counsel determines that the commission can accept the appointment, then the court shall appoint the commission pursuant to the County Revenue Assistance Act; and(2) If the chief counsel declines the appointment because of a conflict of interest or the case would exceed the caseload standards set by the commission, then the court shall appoint an attorney licensed to practice law in this state with at least five years experience in felony litigation to represent the indigent person at all stages of the proceedings. Counsel appointed under this subdivision, other than the public defender, shall obtain leave of court before proceeding beyond an initial direct appeal to either the Court of Appeals or the Supreme Court to any further direct, collateral, or postconviction appeals to state or federal courts. Counsel appointed under this subdivision shall file an application for fees and expenses in the district court which appointed him or her for all fees and expenses reasonably necessary to permit him or her to effectively and competently represent the client. The court, upon hearing the application, shall fix reasonable attorney's fees and expenses. The court's order shall require that such fees and expenses be paid by the Commission on Public Advocacy from funds appropriated by the Legislature. Upon receipt of the order, the commission shall pay such fees and expenses in the full amount determined by the court.Source  Laws 2001, LB 659, § 7;  Laws 2002, LB 876, § 71.  Cross References  Commission on Public Advocacy, see the County Revenue Assistance Act, section 29-3919.Annotations  Decisions regarding appointment of counsel under the DNA Testing Act are reviewed for an abuse of discretion. State v. Myers, 304 Neb. 789, 937 N.W.2d 181 (2020). Decisions regarding appointment of counsel under the DNA Testing Act are reviewed for an abuse of discretion. State v. Poe, 271 Neb. 858, 717 N.W.2d 463 (2006). There is not a constitutional right to appointment of counsel in an action under the DNA Testing Act. State v. Poe, 271 Neb. 858, 717 N.W.2d 463 (2006). Under this section, the court has discretion to appoint counsel based on its determination of whether the person bringing the action has shown that DNA testing may be relevant to his or her claim of wrongful conviction. State v. Poe, 271 Neb. 858, 717 N.W.2d 463 (2006).
NE Code § 29-4124 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4124 - Act; how construed.

29-4124.  Act; how construed.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.Source Laws 2001, LB 659, § 9.
NE Code § 29-4125 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4125 - Biological material; secured; when.

29-4125.  Biological material; secured; when.(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 incarcerated in connection with that case.(2) State agencies or political subdivisions that have secured biological material for use in criminal cases may dispose of biological material before expiration of the period of time specified in subsection (1) of this section if:(a) The state agency or political subdivision which secured the biological material for use in a criminal case notifies any person who remains incarcerated in connection with the case, such person's counsel of record, or if there is no counsel of record, the public defender, if applicable, in the county in which the judgment of conviction of such person was entered. The notice shall include:(i) The intention of the state agency or political subdivision to dispose of the material after ninety days after receipt of the notice; and(ii) The provisions of the DNA Testing Act;(b) The person, such person's counsel of record, or the public defender does not file a motion under section 29-4120 within ninety days after receipt of notice under this section; and(c) No other provision of law or court order requires that such biological material be preserved.(3) The person, such person's counsel of record, or the public defender who receives notice under subdivision (2)(a) of this section, may, in lieu of a motion under section 29-4120, request in writing to take possession of the biological material for the purpose of having the material available for any future discovery of scientific or forensic techniques. Copies of any such written request shall be provided to both the court and to the county attorney. The costs of acquisition, preservation, and storage of any such material shall be at the expense of the person.(4) The Department of Health and Human Services shall preserve biological material obtained for the purpose of determining the concentration of alcohol in a person's blood for two years unless a request is made for the retention of such material beyond such period in connection with a pending legal action.Source  Laws 2001, LB 659, § 10;  Laws 2003, LB 245, § 2;  Laws 2007, LB296, § 48.
NE Code § 29-4201 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4201 - Legislative intent.

29-4201.  Legislative intent.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 States and the Constitution of Nebraska.Source  Laws 1999, LB 623, § 1;  Laws 2014, LB828, § 1. Annotations This section demonstrates that the Legislature did not intend to allow written arraignments filed under section 29-4206 to supersede Nebraska's criminal procedure statutes. State v. Liston, 271 Neb. 468, 712 N.W.2d 264 (2006).