reglab/housing_qa huggingface dataset:
NE Code § 29-4315 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4315 - Explanation of rights; required, when; contents.

29-4315.  Explanation of rights; required, when; contents.(1) Upon an initial interaction with a victim relating to or arising from a sexual assault of such victim, a health care provider or peace officer, and in the case of a victim under eighteen years of age, the Department of Health and Human Services, shall provide the victim with information that explains the rights of victims under the Sexual Assault Victims' Bill of Rights Act and other relevant law. The information shall be presented in clear language that is comprehensible to a person proficient in English at the fifth grade level, accessible to persons with visual disabilities, and available in all major languages spoken in this state. This information shall include, but not be limited to:(a) A clear statement that a victim is not required to participate in the criminal justice system or to undergo a medical evidentiary or physical examination in order to retain the rights provided by the act and other relevant law;(b) Contact information for appropriate services provided by professionals in the fields of domestic violence and sexual assault, including advocates;(c) State and federal relief available to victims of crime;(d) Law enforcement protection available to the victim, including domestic violence protection orders, harassment protection orders, and sexual assault protection orders and the process to obtain such protection;(e) Instructions for requesting information regarding the victim's sexual assault forensic evidence as provided in section 29-4313; and(f) State and federal compensation funds for medical and other costs associated with the sexual assault and information on any municipal, state, or federal right to restitution for a victim in the event of a conviction.(2) The information to be provided under subsection (1) of this section shall be developed by the Attorney General and the Nebraska Commission on Law Enforcement and Criminal Justice with input from prosecutors, sexual assault victims, and organizations with a statewide presence with expertise on domestic violence, sexual assault, and child sexual assault.(3) The information to be provided under subsection (1) of this section shall be made available for viewing and download on the websites of the Department of Health and Human Services and the Nebraska Commission on Law Enforcement and Criminal Justice. Other relevant state agencies are also encouraged to make such information available on their websites.Source Laws 2020, LB43, § 8.
NE Code § 29-4401 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4401 - Presentence investigation; sentence suspension; probation; court orders; considerations.

29-4401.  Presentence investigation; sentence suspension; probation; court orders; considerations.(1) When any person is found guilty of a crime involving abuse as defined in section 42-903, the judge shall order a presentence investigation to be completed and returned to the court for consideration at the time of sentencing.(2) At the time of sentencing, the court shall consider the safety and protection of the victim of abuse and any member of the victim's family or household when suspending a sentence or granting probation.(3) The court may order the convicted person to complete a domestic abuse intervention program at the convicted person's expense in addition to any other penalties.Source Laws 2004, LB 613, § 9.
NE Code § 29-4402 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4402 - House arrest; prohibited.

29-4402.  House arrest; prohibited.When a person is found guilty of a crime involving abuse as defined in section 42-903, a court shall not order house arrest for the person in the residence of the victim, regardless of the ownership of the residence.Source Laws 2004, LB 613, § 10.
NE Code § 29-4501 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4501 - Legislative findings.

29-4501.  Legislative findings.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 attorney present during such questioning, and to decide to have an attorney provided to such person if he or she cannot afford an attorney, as provided by the Constitution of the United States and the Constitution of Nebraska. Providing a record of the statement made during a custodial interrogation and any waiver of constitutional rights will reduce speculation and claims that may arise as to the content of the statement. Such a record of the content of the statement will aid law enforcement officers in analyzing and rejecting untruthful statements and will aid the factfinder in determining whether a statement was freely, knowingly, voluntarily, and intelligently made.Source Laws 2008, LB179, § 1.
NE Code § 29-4502 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4502 - Terms, defined.

29-4502.  Terms, defined.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 States Supreme Court and the Nebraska Supreme Court;(2) Electronically record means to record using an audio recording device, a digital recording device, or a video recording device;(3) Place of detention means a police station, sheriff's office, troop headquarters, courthouse, county attorney's office, juvenile or adult correctional or holding facility, community correctional center, or building under the permanent control of law enforcement at which the person is in custody pursuant to the authority of a law enforcement officer; and(4) Reasonable exception means circumstances in which:(a) A statement was made when it was not practicable to electronically record the statement;(b) Equipment to electronically record the statement could not be reasonably obtained;(c) The person in custody refused to have the statement electronically recorded;(d) The equipment used to electronically record the statement malfunctioned; or(e) The law enforcement officer conducting the statement reasonably believed that the crime for which the person was taken into custody was not a crime described in subsection (2) of section 29-4503.Source Laws 2008, LB179, § 2.
NE Code § 29-4503 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4503 - Electronic recordation of statements and waiver of rights required; when.

29-4503.  Electronic recordation of statements and waiver of rights required; when.(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 section shall be electronically recorded.(2) Statements subject to subsection (1) of this section are those statements relating to:(a) Crimes resulting in death or felonies involving (i) sexual assault, (ii) kidnapping, (iii) child abuse, or (iv) strangulation; or(b) Offenses being investigated as part of the same course of conduct as the offenses described in subdivision (a) of this subsection.Source Laws 2008, LB179, § 3.
NE Code § 29-4504 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4504 - Law enforcement officer; failure to comply with electronic recordation requirement; jury instruction.

29-4504.  Law enforcement officer; failure to comply with electronic recordation requirement; jury instruction.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.Source Laws 2008, LB179, § 4.
NE Code § 29-4505 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4505 - Defendant; testimony contrary to statement; use of statement authorized.

29-4505.  Defendant; testimony contrary to statement; use of statement authorized.(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, voluntarily, and intelligently made.(2) A jury instruction shall not be required if the prosecution proves, by a preponderance of the evidence, that there is a reasonable exception for there not being an electronic recording.Source Laws 2008, LB179, § 5.
NE Code § 29-4506 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4506 - Law enforcement officer; failure to comply with electronic recordation requirement; admissibility of evidence.

29-4506.  Law enforcement officer; failure to comply with electronic recordation requirement; admissibility of evidence.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.Source Laws 2008, LB179, § 6.
NE Code § 29-4507 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4507 - Statement obtained out-of-state or by federal law enforcement officer; admissible; when.

29-4507.  Statement obtained out-of-state or by federal law enforcement officer; admissible; when.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 a federal law enforcement officer in this state or another state, was obtained in compliance with the laws of the United States, and was not taken by a federal law enforcement officer in an attempt to circumvent sections 29-4501 to 29-4508.Source Laws 2008, LB179, § 7.
NE Code § 29-4508 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4508 - Inaudible portions; how treated.

29-4508.  Inaudible portions; how treated.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.Source Laws 2008, LB179, § 8.
NE Code § 29-4601 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4601 - Act, how cited.

29-4601.  Act, how cited.Sections 29-4601 to 29-4608 shall be known and may be cited as the Nebraska Claims for Wrongful Conviction and Imprisonment Act.Source Laws 2009, LB260, § 1.
NE Code § 29-4602 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4602 - Legislative findings.

29-4602.  Legislative findings.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 obstacles in the law. The Legislature also finds that such persons should have an available avenue of redress. In light of the particular and substantial horror of being imprisoned for a crime one did not commit, the Legislature intends by enactment of the Nebraska Claims for Wrongful Conviction and Imprisonment Act that persons who can demonstrate that they were wrongfully convicted shall have a claim against the state as provided in the act.Source Laws 2009, LB260, § 2.
NE Code § 29-4603 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4603 - Recovery; claimant; proof required.

29-4603.  Recovery; claimant; proof required.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 imprisonment for such felony crime or crimes and has served all or any part of the sentence;(2) With respect to the crime or crimes under subdivision (1) of this section, that the Board of Pardons has pardoned the claimant, that a court has vacated the conviction of the claimant, or that the conviction was reversed and remanded for a new trial and no subsequent conviction was obtained;(3) That he or she was innocent of the crime or crimes under subdivision (1) of this section; and(4) That he or she did not commit or suborn perjury, fabricate evidence, or otherwise make a false statement to cause or bring about such conviction or the conviction of another, with respect to the crime or crimes under subdivision (1) of this section, except that a guilty plea, a confession, or an admission, coerced by law enforcement and later found to be false, does not constitute bringing about his or her own conviction of such crime or crimes.Source Laws 2009, LB260, § 3.Annotations  Actual innocence under the Wrongful Conviction and Imprisonment Act is akin to factual innocence, while a self-defense claim is relevant to a claim of legal innocence. Marie v. State, 302 Neb. 217, 922 N.W.2d 733 (2019). Claim preclusion is inapplicable in cases under the Wrongful Conviction and Imprisonment Act. Marie v. State, 302 Neb. 217, 922 N.W.2d 733 (2019). A defendant alleging a wrongful conviction claim pursuant to this section must plead more than lack of intent to establish "actual innocence of the crime." Nadeem v. State, 298 Neb. 329, 904 N.W.2d 244 (2017). The term "false statement" as used in this section does not mean a statement that is factually incorrect; a factually inaccurate statement made by one who believes it is true is not a "false statement." Dean v. State, 288 Neb. 530, 849 N.W.2d 138 (2014). Subdivision (2) of this section addresses "legal innocence": the absence of one or more procedural or legal bases to support the sentence given a defendant. Hess v. State, 287 Neb. 559, 843 N.W.2d 648 (2014). Subdivision (3) of this section addresses "actual innocence": the absence of facts that are prerequisites for the sentence given to a defendant. Hess v. State, 287 Neb. 559, 843 N.W.2d 648 (2014). This section does not provide for the appointment of counsel. Hess v. State, 287 Neb. 559, 843 N.W.2d 648 (2014).
NE Code § 29-4604 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4604 - Recovery of damages; determination of amount; restrictions.

29-4604.  Recovery of damages; determination of amount; restrictions.(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 damages:(a) Costs of imprisonment; and(b) Value of any care or education provided to the claimant while he or she was imprisoned.(3) No damages shall be payable to the claimant for any period of time during which he or she was concurrently imprisoned for any unrelated criminal offense.(4) In no case shall damages awarded under the act exceed five hundred thousand dollars per claimant per occurrence.(5) A claimant's cause of action under the act shall not be assignable and shall not survive the claimant's death.Source Laws 2009, LB260, § 4.Annotations Where damages are subject to a statutory cap, the determination of damages is a two-stage process which involves an initial factual determination of the actual damages sustained by the injured party and then a legal application of the statutory cap if the actual damages exceed the statutory maximum recoverable amount. Dean v. State, 288 Neb. 530, 849 N.W.2d 138 (2014).
NE Code § 29-4605 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4605 - Extinguishment of lien for costs of defense services.

29-4605.  Extinguishment of lien for costs of defense services.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.Source Laws 2009, LB260, § 5.
NE Code § 29-4606 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4606 - Provision of services to claimant; how treated.

29-4606.  Provision of services to claimant; how treated.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 under the act.Source Laws 2009, LB260, § 6.
NE Code § 29-4607 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4607 - Filing of claim.

29-4607.  Filing of claim.A claim brought pursuant to the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall be filed under the State Tort Claims Act.Source Laws 2009, LB260, § 7.Cross References  State Tort Claims Act, see section 81-8,235.
NE Code § 29-4608 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4608 - Claimant; rights; recovery under act; effect.

29-4608.  Claimant; rights; recovery under act; effect.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 any other claim against the state based upon any other theory of recovery or law.Source Laws 2009, LB260, § 8.
NE Code § 29-4701 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4701 - Terms, defined.

29-4701.  Terms, defined.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 requested by the jailhouse informant or that has been offered or may be offered in the future to the jailhouse informant in connection with his or her testimony in the criminal proceeding in which the prosecutor intends to call him or her as a witness; and(2) Jailhouse informant means a person who offers testimony about statements made by a suspect or defendant while the suspect or defendant and jailhouse informant were in the custody of any jail or correctional institution and who has requested or received or may in the future receive a benefit in connection with such testimony.Source Laws 2019, LB352, § 1.
NE Code § 29-4702 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4702 - Applicability.

29-4702.  Applicability.Sections 29-4701 to 29-4706 apply to any case in which a suspect or defendant is charged with a felony.Source Laws 2019, LB352, § 2.
NE Code § 29-4703 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4703 - Prosecutor's office; duties.

29-4703.  Prosecutor's office; duties.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 suspect's or defendant's interest is used and a criminal conviction is obtained; and(2) Any benefit requested by or offered or provided to a jailhouse informant in connection with such statement or trial testimony.Source Laws 2019, LB352, § 3.
NE Code § 29-4704 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4704 - Disclosures required; deadline; redaction of information; prosecutor; duties.

29-4704.  Disclosures required; deadline; redaction of information; prosecutor; duties.(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 benefit requested by or offered or provided to a jailhouse informant or that may be offered or provided to the jailhouse informant in the future in connection with such testimony;(c) The specific statements allegedly made by the defendant against whom the jailhouse informant will testify or provide a statement and the time, place, and manner of the defendant's disclosures;(d) The case name and jurisdiction of any criminal case known to the prosecutor in which the jailhouse informant testified or a prosecutor intended to have the jailhouse informant testify about statements made by another suspect or criminal defendant that were disclosed to the jailhouse informant and whether the jailhouse informant requested, was offered, or received any benefit in exchange for or subsequent to such testimony; and(e) Any occasion known to the prosecutor in which the jailhouse informant recanted testimony about statements made by another suspect or defendant that were disclosed to the jailhouse informant and any transcript or copy of such recantation.(2) The prosecutor shall disclose the information described in subsection (1) of this section to the defense as soon as practicable after discovery, but no later than thirty days before trial. If the prosecutor seeks to introduce the testimony of a jailhouse informant that was not known until after such deadline, or if the information described in subsection (1) of this section could not have been discovered or obtained by the prosecutor with the exercise of due diligence at least thirty days before the trial or other criminal proceeding, the court may permit the prosecutor to disclose the information as soon as is practicable after the thirty-day period.(3) If the court finds by clear and convincing evidence that disclosing information listed in subsection (1) of this section will result in the possibility of bodily harm to a jailhouse informant or that a jailhouse informant will be coerced, the court may permit the prosecutor to redact some or all of such information.(4) If, at any time subsequent to the deadline in subsection (2) of this section, the prosecutor discovers additional material required to be disclosed under subsection (1) of this section, the prosecutor shall promptly:(a) Notify the court of the existence of the additional material; and(b) Disclose such material to the defense, except as provided in subsection (3) of this section.Source Laws 2019, LB352, § 4.
NE Code § 29-4705 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-4705 - Jailhouse informant receiving leniency; notice to victim.

29-4705.  Jailhouse informant receiving leniency; notice to victim.If a jailhouse informant receives leniency related to a pending charge, a conviction, or a sentence for a crime against a victim as defined in section 29-119, in connection with offering or providing testimony against a suspect or defendant, the prosecutor shall notify such victim. Prior to reaching a plea agreement, the prosecutor shall proceed as provided in subsection (1) of section 23-1201. For purposes of this section, leniency means any plea bargain, reduced or dismissed charges, bail consideration, or reduction or modification of sentence.Source Laws 2019, LB352, § 5.