reglab/housing_qa huggingface dataset:
NE Code § 28-327.12 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-327.12 - Statute of limitations; tolled; section, how construed; violations; how treated.

28-327.12.  Statute of limitations; tolled; section, how construed; violations; how treated.(1) In the event that any portion of section 28-327 is enjoined and subsequently upheld, the statute of limitations for filing a civil suit under section 28-327 shall be tolled during the period for which the injunction is pending and for two years thereafter.(2) Nothing in section 28-327 shall be construed as defining a standard of care for any medical procedure other than an induced abortion.(3) A violation of subdivision (4), (5), or (6) of section 28-327 shall not provide grounds for any criminal action or disciplinary action against or revocation of a license to practice medicine and surgery pursuant to the Uniform Credentialing Act.Source Laws 2010, LB594, § 11.Cross References  Uniform Credentialing Act, see section 38-101.
NE Code § 28-328 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-328 - Partial-birth abortion; prohibition; violation; penalties.

28-328.  Partial-birth abortion; prohibition; violation; penalties.(1) No partial-birth abortion shall be performed in this state, unless such procedure is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.(2) The intentional and knowing performance of an unlawful partial-birth abortion in violation of subsection (1) of this section is a Class III felony.(3) No woman upon whom an unlawful partial-birth abortion is performed shall be prosecuted under this section or for conspiracy to violate this section.(4) The intentional and knowing performance of an unlawful partial-birth abortion shall result in the automatic suspension and revocation of an attending physician's license to practice medicine in Nebraska by the Division of Public Health pursuant to sections 38-177 to 38-1,102.(5) Upon the filing of criminal charges under this section by the Attorney General or a county attorney, the Attorney General shall also file a petition to suspend and revoke the attending physician's license to practice medicine pursuant to section 38-186. A hearing on such administrative petition shall be set in accordance with section 38-188. At such hearing, the attending physician shall have the opportunity to present evidence that the physician's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. A defendant against whom criminal charges are brought under this section may bring a motion to delay the beginning of the trial until after the entry of an order by the Director of Public Health pursuant to section 38-196. The findings of the director as to whether the attending physician's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, shall be admissible in the criminal proceedings brought pursuant to this section.Source   Laws 1997, LB 23, § 3;  Laws 2007, LB296, § 28;  Laws 2007, LB463, § 1118. Annotations Section declared unconstitutional. Stenberg v. Carhart, 530 U.S. 914 (2000).
NE Code § 28-329 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-329 - Abortion; when not to be performed.

28-329.  Abortion; when not to be performed.No abortion shall be performed after the time at which, in the sound medical judgment of the attending physician, the unborn child clearly appears to have reached viability, except when necessary to preserve the life or health of the mother.Source   Laws 1977, LB 38, § 44;   Laws 1979, LB 316, § 3;   Laws 1984, LB 695, § 4.
NE Code § 28-330 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-330 - Abortion procedure; protection of viable, unborn child.

28-330.  Abortion procedure; protection of viable, unborn child.In any abortion performed pursuant to section 28-329, all reasonable precautions, in accord with the sound medical judgment of the attending physician and compatible with preserving the life or health of the mother, shall be taken to insure the protection of the viable, unborn child.Source   Laws 1977, LB 38, § 45;   Laws 1979, LB 316, § 4;   Laws 1984, LB 695, § 5.
NE Code § 28-331 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-331 - Care and treatment of child aborted.

28-331.  Care and treatment of child aborted.When as the result of an abortion a child is, in the sound medical judgment of the attending physician, born alive, then all reasonable steps, in accordance with the sound medical judgment of the attending physician, shall be employed to preserve the life of the child. For purposes of this section, born alive shall mean the complete expulsion or extraction of the child from the mother irrespective of the duration of the pregnancy and after such expulsion or extraction such child breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles whether or not the umbilical cord has been cut or the placenta is attached.Source   Laws 1977, LB 38, § 46;   Laws 1979, LB 316, § 5;   Laws 1984, LB 695, § 6.
NE Code § 28-332 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-332 - Violation; penalty.

28-332.  Violation; penalty.The intentional and knowing violation of section 28-329, 28-330, or 28-331 is a Class IV felony.Source   Laws 1977, LB 38, § 47;   Laws 1984, LB 695, § 7.
NE Code § 28-335 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-335 - Abortion by other than licensed physician; penalty; physical presence; violation; penalty.

28-335.  Abortion by other than licensed physician; penalty; physical presence; violation; penalty.(1) The performing of an abortion by any person other than a licensed physician is a Class IV felony.(2) No abortion shall be performed, induced, or attempted unless the physician who uses or prescribes any instrument, device, medicine, drug, or other substance to perform, induce, or attempt the abortion is physically present in the same room with the patient when the physician performs, induces, or attempts to perform or induce the abortion. Any person who knowingly or recklessly violates this subsection shall be guilty of a Class IV felony. No civil or criminal penalty shall be assessed against the patient upon whom the abortion is performed, induced, or attempted to be performed or induced.Source   Laws 1977, LB 38, § 50;  Laws 2011, LB521, § 1.
NE Code § 28-336 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-336 - Abortion by other than accepted medical procedures; penalty.

28-336.  Abortion by other than accepted medical procedures; penalty.The performing of an abortion by using anything other than accepted medical procedures is a Class IV felony.Source  Laws 1977, LB 38, § 51.
NE Code § 28-337 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-337 - Hospital, clinic, institution; not required to admit patient for abortion.

28-337.  Hospital, clinic, institution; not required to admit patient for abortion.No hospital, clinic, institution, or other facility in this state shall be required to admit any patient for the purpose of performing an abortion nor required to allow the performance of an abortion therein, but the hospital, clinic, institution, or other facility shall inform the patient of its policy not to participate in abortion procedures. No cause of action shall arise against any hospital, clinic, institution, or other facility for refusing to perform or allow an abortion.Source  Laws 1977, LB 38, § 52.
NE Code § 28-338 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-338 - No person required to perform an abortion; no liability for refusal.

28-338.  No person required to perform an abortion; no liability for refusal.No person shall be required to perform or participate in any abortion, and the refusal of any person to participate in an abortion shall not be a basis for civil liability to any person. No hospital, governing board, or any other person, firm, association, or group shall terminate the employment or alter the position of, prevent or impair the practice or occupation of, or impose any other sanction or otherwise discriminate against any person who refuses to participate in an abortion.Source  Laws 1977, LB 38, § 53.
NE Code § 28-339 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-339 - Discrimination against person refusing to participate in an abortion; violation; penalty.

28-339.  Discrimination against person refusing to participate in an abortion; violation; penalty.Any violation of section 28-338 is a Class II misdemeanor.Source  Laws 1977, LB 38, § 54.
NE Code § 28-340 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-340 - Discrimination against person refusing to participate in an abortion; damages.

28-340.  Discrimination against person refusing to participate in an abortion; damages.Any person whose employment or position has been in any way altered, impaired, or terminated in violation of sections 28-325 to 28-345 may sue in the district court for all consequential damages, lost wages, reasonable attorney's fees incurred, and the cost of litigation.Source   Laws 1977, LB 38, § 55;   Laws 1997, LB 23, § 4;  Laws 2010, LB594, § 15.
NE Code § 28-341 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-341 - Discrimination against person refusing to participate in an abortion; injunctive relief.

28-341.  Discrimination against person refusing to participate in an abortion; injunctive relief.Any person whose employment or position has in any way been altered, impaired, or terminated because of his refusal to participate in an abortion shall have the right to injunctive relief, including temporary relief, pending trial upon showing of an emergency, in the district court, in accordance with the statutes, rules, and practices applicable in other similar cases.Source  Laws 1977, LB 38, § 56.
NE Code § 28-342 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-342 - Aborted child; sell, transfer, distribute, give away; violation; penalty.

28-342.  Aborted child; sell, transfer, distribute, give away; violation; penalty.The knowing, willful, or intentional sale, transfer, distribution, or giving away of any live or viable aborted child for any form of experimentation is a Class III felony. The knowing, willful, or intentional consenting to, aiding, or abetting of any such sale, transfer, distribution, or other unlawful disposition of an aborted child is a Class III felony. This section shall not prohibit or regulate diagnostic or remedial procedures the purpose of which is to preserve the life or health of the aborted child or the mother.Source   Laws 1977, LB 38, § 57;   Laws 1979, LB 316, § 8.
NE Code § 28-343 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-343 - Department of Health and Human Services; abortion reporting form; items included; confidential.

28-343.  Department of Health and Human Services; abortion reporting form; items included; confidential.The Department of Health and Human Services shall prescribe an abortion reporting form which shall be used for the reporting of every abortion performed in this state. Such form shall include the following items:(1) The age of the pregnant woman;(2) The location of the facility where the abortion was performed;(3) The type of procedure performed;(4) Complications, if any;(5) The name of the attending physician;(6) The pregnant woman's obstetrical history regarding previous pregnancies, abortions, and live births;(7) The stated reason or reasons for which the abortion was requested;(8) The state of the pregnant woman's legal residence;(9) The length and weight of the aborted child, when measurable;(10) Whether an emergency situation caused the physician to waive any of the requirements of section 28-327; and(11) Such other information as may be prescribed in accordance with section 71-602.The completed form shall be signed by the attending physician and sent to the department within fifteen days after each reporting month. The completed form shall be an original, typed or written legibly in durable ink, and shall not be deemed complete unless the omission of any item of information required shall have been disclosed or satisfactorily accounted for. Carbon copies shall not be acceptable. The abortion reporting form shall not include the name of the person upon whom the abortion was performed. The abortion reporting form shall be confidential and shall not be revealed except upon the order of a court of competent jurisdiction in a civil or criminal proceeding.Source   Laws 1977, LB 38, § 58;   Laws 1979, LB 316, § 9;   Laws 1984, LB 695, § 8;   Laws 1989, LB 344, § 2;   Laws 1996, LB 1044, § 63;   Laws 1997, LB 307, § 2;  Laws 2007, LB296, § 29. Annotations This section is unconstitutional insofar as the statute requires physicians to make an official report of "prescribed" abortions. Womens Services, P.C. v. Thone, 483 F.Supp. 1022 (D. Neb. 1979).
NE Code § 28-344 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-344 - Reporting form; violation; penalty.

28-344.  Reporting form; violation; penalty.Violation of section 28-343 is a Class II misdemeanor.Source  Laws 1977, LB 38, § 59.
NE Code § 28-345 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-345 - Department of Health and Human Services; permanent file; rules and regulations.

28-345.  Department of Health and Human Services; permanent file; rules and regulations.The Department of Health and Human Services shall prepare and keep on permanent file compilations of the information submitted on the abortion reporting forms and reporting forms regarding attempts at continuing a woman's pregnancy after taking mifepristone pursuant to such rules and regulations as established by the department, which compilations shall be a matter of public record. Under no circumstances shall the compilations of information include the name of any attending physician or identify in any respect facilities where abortions are performed. The department, in order to maintain and keep such compilations current, shall file with such reports any new or amended information.Source   Laws 1977, LB 38, § 60;   Laws 1979, LB 316, § 10;   Laws 1996, LB 1044, § 64;  Laws 2007, LB296, § 30;  Laws 2019, LB209, § 3.
NE Code § 28-346 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-346 - Aborted infant; experimentation; prohibited; exception; penalty.

28-346.  Aborted infant; experimentation; prohibited; exception; penalty.No person shall knowingly, intentionally, or willfully use any premature infant aborted alive for any type of scientific, research, laboratory, or other kind of experimentation except as necessary to protect or preserve the life or health of such premature infant aborted alive. Violation of this section is a Class IV felony.Source  Laws 1979, LB 316, § 11.
NE Code § 28-347 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-347 - Dismemberment abortion; unlawful; when; medical emergency; Board of Medicine and Surgery; hearing; findings admissible at trial; persons not liable.

28-347.  Dismemberment abortion; unlawful; when; medical emergency; Board of Medicine and Surgery; hearing; findings admissible at trial; persons not liable.(1) It shall be unlawful for any person to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless a dismemberment abortion is necessary due to a medical emergency as defined in subdivision (4) of section 28-3,103.(2) A person accused in any proceeding of unlawful conduct under subsection (1) of this section may seek a hearing before the Board of Medicine and Surgery on whether the performance of a dismemberment abortion was necessary due to a medical emergency as defined in subdivision (4) of section 28-3,103. The board's findings are admissible on that issue at any trial in which such unlawful conduct is alleged. Upon a motion of the person accused, the court shall delay the beginning of the trial for not more than thirty days to permit such a hearing to take place.(3) No woman upon whom an abortion is performed or attempted to be performed shall be liable for performing or attempting to perform a dismemberment abortion. No nurse, secretary, receptionist, or other employee or agent who is not a physician, but who acts at the direction of a physician, shall be liable for performing or attempting to perform a dismemberment abortion. No pharmacist or other individual who is not a physician, but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician, shall be liable for performing or attempting to perform a dismemberment abortion.Source Laws 2020, LB814, § 3.
NE Code § 28-347.01 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-347.01 - Dismemberment abortion; injunction; cause of action; who may maintain.

28-347.01.  Dismemberment abortion; injunction; cause of action; who may maintain.(1) A cause of action for injunctive relief against a person who has performed a dismemberment abortion in violation of section 28-347 may be maintained by:(a) A woman upon whom such a dismemberment abortion was performed;(b) If the woman had not attained the age of nineteen years at the time of the dismemberment abortion, a person who is the parent or guardian of the woman upon whom such a dismemberment abortion was performed; or(c) A prosecuting attorney with appropriate jurisdiction.(2) The injunction shall prevent the defendant from performing or attempting to perform dismemberment abortions in this state in violation of section 28-347.(3) A cause of action may not be maintained by a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.Source Laws 2020, LB814, § 4.
NE Code § 28-347.02 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-347.02 - Dismemberment abortion; damages; cause of action; who may maintain.

28-347.02.  Dismemberment abortion; damages; cause of action; who may maintain.(1) A cause of action for civil damages against a person who performed a dismemberment abortion in violation of section 28-347 may be maintained by:(a) Any woman upon whom a dismemberment abortion has been performed in violation of section 28-347;(b) The father of the unborn child, if married to the woman at the time the dismemberment abortion was performed; or(c) If the woman had not attained the age of nineteen years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child.(2) No damages may be awarded a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.(3) Damages awarded in such an action shall include money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion.Source Laws 2020, LB814, § 5.
NE Code § 28-347.03 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-347.03 - Dismemberment abortion; cause of action; judgment; attorney's fees.

28-347.03.  Dismemberment abortion; cause of action; judgment; attorney's fees.(1) If judgment is rendered in favor of the plaintiff in an action described in section 28-347.01 or 28-347.02, the court shall also render judgment for reasonable attorney's fees in favor of the plaintiff against the defendant.(2) If judgment is rendered in favor of the defendant in an action described in section 28-347.01 or 28-347.02 and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall render judgment for reasonable attorney's fees in favor of the defendant against the plaintiff.(3) No attorney's fees may be assessed against the woman upon whom an abortion was performed or attempted to be performed except in accordance with subsection (2) of this section.Source Laws 2020, LB814, § 6.
NE Code § 28-347.04 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-347.04 - Dismemberment abortion; penalty.

28-347.04.  Dismemberment abortion; penalty.The intentional and knowing performance of an unlawful dismemberment abortion in violation of section 28-347 is a Class IV felony.Source Laws 2020, LB814, § 7.
NE Code § 28-347.05 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-347.05 - Dismemberment abortion; action or proceeding; anonymity of woman; preserved; court order.

28-347.05.  Dismemberment abortion; action or proceeding; anonymity of woman; preserved; court order.In every civil, criminal, or administrative proceeding or action brought under sections 28-347 to 28-347.04, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted to be performed, any person other than a public official who brings an action under section 28-347.01 or 28-347.02 shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.Source Laws 2020, LB814, § 8.
NE Code § 28-347.06 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-347.06 - Dismemberment abortion; sections, how construed.

28-347.06.  Dismemberment abortion; sections, how construed.Nothing in sections 28-347 to 28-347.04 shall be construed as creating or recognizing a right to abortion or a right to a particular method of abortion.Source Laws 2020, LB814, § 9.
NE Code § 28-348 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-348 - Act, how cited.

28-348.  Act, how cited.Sections 28-348 to 28-387 shall be known and may be cited as the Adult Protective Services Act.Source   Laws 1988, LB 463, § 1;  Laws 2012, LB1051, § 1;  Laws 2016, LB934, § 2.