reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
Annotations
DNA testing results that excluded a prisoner as a source of semen found on the victim at the time of her death did not fit within the definition of exculpatory evidence, because the prisoner was not charged with sexual assault, and his exclusion as a source of semen was not material to whether he was guilty of murder or of using a weapon to commit a felony. State v. Buckman, 311 Neb. 304, 971 N.W.2d 791 (2022).
2023 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.
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.