reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3905 - Appointed counsel; fees and expenses.

29-3905.
Appointed counsel; fees and expenses.
Appointed counsel for an indigent felony defendant other than the public defender shall apply to the district court which appointed him or her for all expenses reasonably necessary to permit him or her to effectively and competently represent his or her client and for fees for services performed pursuant to such appointment, except that if the defendant was not bound over for trial in the district court, the application shall be made in the appointing court. The court, upon hearing the application, shall fix reasonable expenses and fees, and the county board shall allow payment to counsel in the full amount determined by the court.
Source
Laws 1972, LB 1463, § 11;
Laws 1979, LB 241, § 5;
R.S.1943, (1989), § 29-1804.12;
Laws 1990, LB 822, § 23.
Annotations
Either appointed counsel or the county involved may appeal to the Supreme Court from an order determining the amount of fees and expenses allowed appointed counsel under this section. In re Claim of Rehm and Faesser, 226 Neb. 107, 410 N.W.2d 92 (1987).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3906 - Misdemeanor defendant; indigent; counties with no public defender; court-appointed counsel; compensation.

29-3906.
Misdemeanor defendant; indigent; counties with no public defender; court-appointed counsel; compensation.
In counties not having public defenders, the court may appoint an attorney licensed to practice law in this state to represent any indigent person who is charged with a misdemeanor offense punishable by imprisonment. When such a defendant asserts indigency, the court shall make a reasonable inquiry to determine the defendant's financial condition and may require him or her to execute an affidavit of indigency. Attorneys appointed pursuant to this section shall be compensated in the manner provided by section 29-3905 with application being made to the appointing court.
Source
Laws 1975, LB 285, § 3;
Laws 1979, LB 241, § 6;
R.S.1943, (1989), § 29-1804.13;
Laws 1990, LB 822, § 24.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3907 - Counsel; right to consult with accused privately.

29-3907.
Counsel; right to consult with accused privately.
Any public defender, assistant public defender, or other attorney representing an indigent felony defendant who is incarcerated by law enforcement officers or other government officials without bond or in lieu of bond shall have full access to and the right to consult privately with such defendant at all reasonable hours.
Source
Laws 1972, LB 1463, § 8;
R.S.1943, (1989), § 29-1804.09;
Laws 1990, LB 822, § 25.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3908 - Indigent; reimburse county for costs; when.

29-3908.
Indigent; reimburse county for costs; when.
Whenever any court finds subsequent to its appointment of the public defender or other counsel to represent a felony defendant that its initial determination of indigency was incorrect or that during the course of representation by appointed counsel the felony defendant has become no longer indigent, the court may order such felony defendant to reimburse the county for all or part of the reasonable cost of providing such representation.
Source
Laws 1972, LB 1463, § 9;
R.S.1943, (1989), § 29-1804.10;
Laws 1990, LB 822, § 26.
Annotations
An order finding a defendant to be indigent and appointing appellate counsel at the county's expense did not affect a substantial right of the parties and was not a final order for purposes of appeal, where the order did not obligate the county to pay any specific amount or set a deadline for payment, such determinations were to be the subject of future proceedings addressing the question of reasonable attorney fees, and the State had the ability to challenge the findings of indigency and recoup any subsequently expended funds from the defendant. State v. Fredrickson, 305 Neb. 165, 939 N.W.2d 385 (2020).
This section does not require parents to pay their child's legal fees unless it is shown that the parents refused to provide necessary legal services. County of York v. Johnson, 206 Neb. 200, 292 N.W.2d 31 (1980).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3909 - Judicial district public defender; established.

29-3909.
Judicial district public defender; established.
There is hereby established the office of judicial district public defender subject to the provisions of sections 29-3910 to 29-3918.
Source
Laws 1969, c. 234, § 1, p. 863;
R.S.1943, (1989), § 29-1805.01;
Laws 1990, LB 822, § 27.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3910 - Judicial district public defender; determination; district judge; conditions; certification to Governor; salary.

29-3910.
Judicial district public defender; determination; district judge; conditions; certification to Governor; salary.
Whenever the district judge or judges determine that a public defender should be named for his, her, or their judicial district, as provided in section 24-301.02, the fact of such determination shall be certified to the Governor. In making the determination, the judge or judges shall consider (1) the number of indigent persons in the district for whom appointment of counsel was necessary in the preceding year, (2) the number and geographic distribution within the district of attorneys available for appointment as counsel on an individual case basis, and (3) the relative expense of providing counsel for the indigent on an individual case basis as compared to the expense of providing a public defender.
At the time of making the determination, the judge or judges shall also fix the salary of the public defender and make a determination whether the office shall be full time or part time. For succeeding terms the district judge or judges shall fix the salary of the public defender at least sixty days prior to the closing of filings for the primary election for such office. All salary determinations shall be filed with the clerk of the district court of each county in the district and shall be available for public inspection.
When it is deemed desirable to have the same public defender for more than one judicial district, the same may be accomplished by having the district judges concerned jointly make the determinations provided for in sections 29-3910 to 29-3918.
Source
Laws 1969, c. 234, § 2, p. 863;
R.S.1943, (1989), § 29-1805.02;
Laws 1990, LB 822, § 28.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3911 - Judicial district public defender; appointment; salary; payment.

29-3911.
Judicial district public defender; appointment; salary; payment.
Within thirty days following receipt of a certification as provided in section 29-3910, the Governor shall authorize the judge or judges to appoint a public defender for the district. The salary and all expenses, including trial expense and expert witness fees, of the judicial district public defender shall be paid out of funds appropriated to the office of Governor for that purpose.
Source
Laws 1969, c. 234, § 3, p. 864;
R.S.1943, (1989), § 29-1805.03;
Laws 1990, LB 822, § 29.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3912 - Judicial district public defender; office; equipment; personnel.

29-3912.
Judicial district public defender; office; equipment; personnel.
If necessary office space is not available in a courthouse within the district, the judicial district public defender may rent or lease such space. He or she may also purchase, through the materiel administrator of the Department of Administrative Services, necessary furniture, equipment, books, stationery, and other supplies necessary for the operation of the office. The public defender may employ, with the approval of the appropriate district judge or judges, necessary assistant public defenders and other employees at salaries which are to be approved by the judge or judges. Such judge or judges shall also determine whether assistant public defenders and other employees are to be part time or full time. Public defenders may employ law students authorized by the Supreme Court to engage in a limited form of the practice of law and may enter into agreements with law schools to provide clinical training for their students under the provisions of the Higher Education Act of 1965 and other similar federal programs.
Source
Laws 1969, c. 234, § 4, p. 864;
R.S.1943, (1989), § 29-1805.04;
Laws 1990, LB 822, § 30;
Laws 2000, LB 654, § 1.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3913 - Judicial district public defender; election; term.

29-3913.
Judicial district public defender; election; term.
The successor to the judicial district public defender initially appointed shall be elected at the next general election and shall take office at the same time as other elected state officers. The term of office of an elected judicial district public defender shall be four years. With the exception of being nominated and elected within their respective districts, candidates for such office shall be nominated and elected as nearly as may be practicable in the same manner as candidates for the office of Governor. Candidates for such office shall file with the Secretary of State as provided in section 32-607 and pay the filing fee provided in section 32-608.
Source
Laws 1969, c. 234, § 5, p. 864;
R.S.1943, (1989), § 29-1805.05;
Laws 1990, LB 822, § 31;
Laws 1994, LB 76, § 550.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3914 - Judicial district public defender; qualifications.

29-3914.
Judicial district public defender; qualifications.
A judicial district public defender shall be a lawyer duly admitted to and engaged in the practice of law in Nebraska.
Source
Laws 1969, c. 234, § 6, p. 865;
R.S.1943, (1989), § 29-1805.06;
Laws 1990, LB 822, § 32.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3915 - Persons entitled to representation.

29-3915.
Persons entitled to representation.
The following persons who are financially unable to obtain counsel shall be entitled to be represented by a judicial district public defender:
(1) A person charged with a felony, including appeals from convictions for a felony;
(2) A person pursuing a postconviction proceeding under sections 29-3001 to 29-3004 after conviction of a felony, when the public defender after investigation concludes that there may be merit to such a proceeding or when the court in which such proceeding is pending directs the public defender to represent the person;
(3) A minor brought before the juvenile court when neither the minor nor his or her parent or guardian is able to afford counsel; and
(4) A person against whom a petition has been filed with a mental health board as provided in sections 71-945 to 71-947.
Source
Laws 1969, c. 234, § 7, p. 865;
R.S.1943, (1989), § 29-1805.07;
Laws 1990, LB 822, § 33;
Laws 1991, LB 830, § 29;
Laws 2004, LB 1083, § 89.
Cross References
Nebraska Mental Health Commitment Act, see section 71-901.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3916 - Application for counsel; inquiry by court or magistrate; waiver of counsel.

29-3916.
Application for counsel; inquiry by court or magistrate; waiver of counsel.
Any person described in section 29-3915 or any other person entitled by law to representation by counsel may at any time request the court in which the matter is pending or the court in which the person was convicted to appoint the public defender to provide representation. Upon a request for the appointment of counsel, the court or magistrate shall proceed to make appropriate inquiry into the financial circumstances of the applicant who shall submit, unless waived in whole or in part by the court, a financial statement under oath or affirmation setting forth his or her assets and liabilities, source or sources of income, and such other information as may be required by the court or magistrate. The information contained in such a statement shall be confidential and for the exclusive use of the court or magistrate unless it is made to appear to the satisfaction of the court or magistrate that the statement may contain false, misleading, or incomplete information, in which event the person making the statement shall be punished as for contempt if it is established after a hearing that the statement was in whole or in part false, misleading, or incomplete. A refusal to execute a financial statement as provided in this section shall constitute a waiver of the right to the appointment of the public defender.
Source
Laws 1969, c. 234, § 8, p. 865;
R.S.1943, (1989), § 29-1805.08;
Laws 1990, LB 822, § 34.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3917 - Office of public defender; abolished; when.

29-3917.
Office of public defender; abolished; when.
Any county in a judicial district in which a determination is made that a public defender should be named in accordance with section 29-3910 shall no longer be subject to section 23-3401, and the office created by section 23-3401 shall be abolished as of the date specified in such determination.
Source
Laws 1969, c. 234, § 9, p. 866;
R.S.1943, (1989), § 29-1805.09;
Laws 1990, LB 822, § 35.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3918 - Special counsel; appointment; procedure; cost; payment.

29-3918.
Special counsel; appointment; procedure; cost; payment.
Nothing in sections 29-3910 to 29-3918 shall prevent a court from appointing counsel other than the public defender to represent indigent defendants or other persons by law entitled to legal representation, but appointments of counsel other than the public defender shall be limited to situations in which there are multiple defendants requiring separate representation or when other exigent circumstances are present which in the opinion of the court require appointment of other than the public defender. In all such cases of appointments of other than the public defender, the procedure shall be in accordance with sections 43-272 and 43-273 and the cost of such appointments shall be paid by the county as provided in such sections.
Source
Laws 1969, c. 234, § 10, p. 866;
Laws 1988, LB 790, § 2;
R.S.1943, (1989), § 29-1805.10;
Laws 1990, LB 822, § 36.
Cross References
Nebraska Juvenile Code, see section 43-2,129.
Annotations
Appointment of counsel other than the public defender are limited to cases of multiple defendants requiring separate representation or circumstances which, in the court's opinion, require outside counsel. State v. Addison, 198 Neb. 166, 251 N.W.2d 895 (1977).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3919 - Act, how cited.

29-3919.
Act, how cited.
Sections 29-3919 to 29-3933 shall be known and may be cited as the County Revenue Assistance Act.
Source
Laws 1995, LB 646, § 1;
Laws 2001, LB 335, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3920 - Legislative findings.

29-3920.
Legislative findings.
The Legislature finds that:
(1) County property owners should be given some relief from the obligation of providing mandated indigent defense services which in most instances are required because of state laws establishing crimes and penalties;
(2) Property tax relief can be accomplished if the state begins to assist the counties with the obligation of providing indigent defense services required by state laws establishing crimes and penalties;
(3) Property tax relief in the form of state assistance to the counties of Nebraska in providing for indigent defense services will also increase accountability because the state, which is the governmental entity responsible for passing criminal statutes, will likewise be responsible for paying some of the costs;
(4) Property tax relief in the form of state assistance to the counties of Nebraska in providing for indigent defense services will also improve inconsistent and inadequate funding of indigent defense services by the counties;
(5) Property tax relief in the form of state assistance to the counties of Nebraska in providing for indigent defense services will also lessen the impact on county property taxpayers of the cost of a high profile death penalty case which can significantly affect the finances of the counties; and
(6) To accomplish property tax relief in the form of the state assisting the counties of Nebraska in providing for indigent defense services, the Commission on Public Advocacy Operations Cash Fund should be established to fund the operation of the Commission on Public Advocacy and to fund reimbursement requests as determined by section 29-3933.
Source
Laws 1995, LB 646, § 2;
Laws 2002, LB 876, § 64;
Laws 2003, LB 760, § 9;
Laws 2015, LB268, § 26;
Referendum 2016, No. 426.
Note:
The changes made to section 29-3920 by Laws 2015, LB 268, section 26, have been omitted because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3921 - Commission on Public Advocacy Operations Cash Fund; created; use; investment; transfers; use.

29-3921.
Commission on Public Advocacy Operations Cash Fund; created; use; investment; transfers; use.
(1) The Commission on Public Advocacy Operations Cash Fund is created. The fund shall be used for the operations of the commission, except that transfers may be made from the fund to the General Fund at the direction of the Legislature through June 30, 2011. The Commission on Public Advocacy Operations Cash Fund shall consist of money remitted pursuant to section 33-156. It is the intent of the Legislature that the commission shall be funded solely from the fund. 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.
(2) On July 1, 2011, or as soon thereafter as administratively possible, the State Treasurer shall transfer one hundred thousand dollars from the Commission on Public Advocacy Operations Cash Fund to the Supreme Court Education Fund. The State Court Administrator shall use these funds to assist the juvenile justice system in providing prefiling and diversion programming designed to reduce excessive absenteeism and unnecessary involvement with the juvenile justice system.
(3) The State Treasurer shall transfer the following amounts from the Commission on Public Advocacy Operations Cash Fund to the Court Appointed Special Advocate Fund:
(a) On July 1, 2011, or as soon thereafter as administratively possible, one hundred thousand dollars; and
(b) On July 1, 2012, or as soon thereafter as administratively possible, two hundred thousand dollars.
(4) On July 1, 2012, or as soon thereafter as administratively possible, the State Treasurer shall transfer sixty thousand dollars from the Commission on Public Advocacy Operations Cash Fund to the Nebraska State Patrol Cash Fund.
The Nebraska State Patrol shall use such funds to contract with the University of Nebraska to study sex offender recidivism data before and after the passage of Laws 2009, LB285, which changed the Nebraska sex offender classification system from an evaluation of risk assessment system to an offense-based assessment system in the attempt by the state to comply with federal requirements under the Adam Walsh Child Protection and Safety Act of 2006.
Source
Laws 1995, LB 646, § 3;
Laws 1997, LB 108, § 1;
Laws 2001, LB 659, § 14;
Laws 2002, LB 876, § 65;
Laws 2003, LB 760, § 10;
Laws 2008, LB961, § 2;
Laws 2009, First Spec. Sess., LB3, § 16;
Laws 2011, LB463, § 3;
Laws 2012, LB969, § 5.
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 › 29-3922 - Terms, defined.

29-3922.
Terms, defined.
For purposes of the County Revenue Assistance Act:
(1) Chief counsel means an attorney appointed to be the primary administrative officer of the commission pursuant to section 29-3928;
(2) Commission means the Commission on Public Advocacy;
(3) Commission staff means attorneys, investigators, and support staff who are performing work for the capital litigation division, appellate division, DNA testing division, and major case resource center;
(4) Contracting attorney means an attorney contracting to act as a public defender pursuant to sections 23-3404 to 23-3408;
(5) Court-appointed attorney means an attorney other than a contracting attorney or a public defender appointed by the court to represent an indigent person;
(6) Indigent defense services means legal services provided to indigent persons by an indigent defense system in capital cases, felony cases, misdemeanor cases, juvenile cases, mental health commitment cases, child support enforcement cases, and paternity establishment cases;
(7) Indigent defense system means a system of providing services, including any services necessary for litigating a case, by a contracting attorney, court-appointed attorney, or public defender;
(8) Indigent person means a person who is indigent and unable to obtain legal counsel as determined pursuant to subdivision (3) of section 29-3901; and
(9) Public defender means an attorney appointed or elected pursuant to sections 23-3401 to 23-3403.
Source
Laws 1995, LB 646, § 4;
Laws 2001, LB 335, § 3;
Laws 2001, LB 659, § 15;
Laws 2009, LB154, § 2;
Laws 2015, LB268, § 27;
Referendum 2016, No. 426.
Note:
The changes made to section 29-3922 by Laws 2015, LB 268, section 27, have been omitted because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3923 - Commission on Public Advocacy; created; duties.

29-3923.
Commission on Public Advocacy; created; duties.
The Commission on Public Advocacy is created. The commission shall provide legal services and resources to assist counties in fulfilling their obligation to provide for effective assistance of counsel for indigent persons.
Source
Laws 1995, LB 646, § 5.
Cross References
Civil legal services for eligible low-income persons, see sections 25-3001 to 25-3004.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3924 - Commission; members; term.

29-3924.
Commission; members; term.
The commission shall consist of nine members appointed by the Governor from a list of attorneys submitted by the executive council of the Nebraska State Bar Association after consultation with the board of directors of the Nebraska Criminal Defense Attorneys Association. A member shall be appointed from each of the six Supreme Court judicial districts, and three members shall be appointed at large. The executive council of the Nebraska State Bar Association shall ensure that the selection process promotes appointees who are independent from partisan political influence. To be eligible for appointment, a person shall be a member of the Nebraska State Bar Association who has substantial experience in criminal defense work and, for appointments made after September 13, 1997, substantial experience in civil legal matters that commonly affect low-income persons and, at the time of selection or at any time during the term of office, shall not be a prosecutor, law enforcement official, or judge. All members shall be committed to the principle of providing indigent defense services and civil legal services to low-income persons free from unwarranted judicial or political influence. Each member shall serve for a term of six years, except that three of the initial appointees shall serve terms of two years and three shall serve terms of four years as designated by the Governor. Members may be removed from the commission by the Governor for cause.
Source
Laws 1995, LB 646, § 6;
Laws 1997, LB 729, § 7.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3925 - Commission; chairperson; expenses.

29-3925.
Commission; chairperson; expenses.
The Governor shall designate one of the members of the commission as the chairperson. The members of the commission shall be reimbursed for expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177.
Source
Laws 1995, LB 646, § 7;
Laws 2020, LB381, § 24.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3928 - Chief counsel; qualifications; salary.

29-3928.
Chief counsel; qualifications; salary.
The commission shall appoint a chief counsel. The responsibilities and duties of the chief counsel shall be defined by the commission and shall include the overall supervision of the workings of the various divisions of the commission. The chief counsel shall be qualified for his or her position, shall have been licensed to practice law in the State of Nebraska for at least five years prior to the effective date of the appointment, and shall be experienced in the practice of criminal defense, including the defense of capital cases. The chief counsel shall serve at the pleasure of the commission. The salary of the chief counsel shall be set by the commission.
Source
Laws 1995, LB 646, § 10;
Laws 2015, LB268, § 28;
Referendum 2016, No. 426.
Note:
The changes made to section 29-3928 by Laws 2015, LB 268, section 28, have been omitted because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3929 - Chief counsel; duties.

29-3929.
Chief counsel; duties.
The primary duties of the chief counsel shall be to provide direct legal services to indigent defendants, and the chief counsel shall:
(1) Supervise the operations of the appellate division, the capital litigation division, the DNA testing division, and the major case resource center;
(2) Prepare a budget and disburse funds for the operations of the commission;
(3) Present to the commission an annual report on the operations of the commission, including an accounting of all funds received and disbursed, an evaluation of the cost-effectiveness of the commission, and recommendations for improvement;
(4) Convene or contract for conferences and training seminars related to criminal defense;
(5) Perform other duties as directed by the commission;
(6) Establish and administer projects and programs for the operation of the commission;
(7) Appoint and remove employees of the commission and delegate appropriate powers and duties to them;
(8) Adopt and promulgate rules and regulations for the management and administration of policies of the commission and the conduct of employees of the commission;
(9) Transmit monthly to the commission a report of the operations of the commission for the preceding calendar month;
(10) Execute and carry out all contracts, leases, and agreements authorized by the commission with agencies of federal, state, or local government, corporations, or persons; and
(11) Exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.
Source
Laws 1995, LB 646, § 11;
Laws 2001, LB 659, § 16;
Laws 2015, LB268, § 29;
Referendum 2016, No. 426.
Note:
The changes made to section 29-3929 by Laws 2015, LB 268, section 29, have been omitted because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3930 - Commission; divisions established.

29-3930.
Commission; divisions established.
The following divisions are established within the commission:
(1) The capital litigation division shall be available to assist in the defense of capital cases in Nebraska, subject to caseload standards of the commission;
(2) The appellate division shall be available to prosecute appeals to the Court of Appeals and the Supreme Court, subject to caseload standards of the commission;
(3) The violent crime and drug defense division shall be available to assist in the defense of certain violent and drug crimes as defined by the commission, subject to the caseload standards of the commission;
(4) The DNA testing division shall be available to assist in representing persons who are indigent who have filed a motion pursuant to the DNA Testing Act, subject to caseload standards; and
(5) The major case resource center shall be available to assist public defenders, contracting attorneys, or court-appointed attorneys with the defense of a felony offense, subject to caseload standards of the commission.
Source
Laws 1995, LB 646, § 12;
Laws 2001, LB 659, § 17;
Laws 2003, LB 760, § 11;
Laws 2015, LB268, § 30;
Referendum 2016, No. 426.
Note:
The changes made to section 29-3930 by Laws 2015, LB 268, section 30, have been omitted because of the vote on the referendum at the November 2016 general election.
Cross References
DNA Testing Act, see section 29-4116.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4001 - Act, how cited.

29-4001.
Act, how cited.
Sections 29-4001 to 29-4014 shall be known and may be cited as the Sex Offender Registration Act.
Source
Laws 1996, LB 645, § 1;
Laws 2006, LB 1199, § 17;
Laws 2009, LB97, § 23.
Annotations
Use of a stakeholder group to determine the cutoff points for the three risk levels under the Sex Offender Registration Act does not render the risk assessment instrument arbitrary. Lein v. Nesbitt, 269 Neb. 109, 690 N.W.2d 799 (2005).
The duty to register as a sex offender under Nebraska's Sex Offender Registration Act is collateral to a defendant's sentence on the underlying conviction. A trial court is not required to inform a defendant of the collateral consequence of his or her duty to register as a sex offender under Nebraska's Sex Offender Registration Act before accepting a plea of guilty or no contest, and such pleas are not rendered involuntary or unintelligent because the defendant was not aware of this requirement. State v. Schneider, 263 Neb. 318, 640 N.W.2d 8 (2002).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4001.01 - Terms, defined.

29-4001.01 .
Terms, defined.
For purposes of the Sex Offender Registration Act:
(1) Aggravated offense means any registrable offense under section 29-4003 which involves the penetration of, direct genital touching of, oral to anal contact with, or oral to genital contact with (a) a victim age thirteen years or older without the consent of the victim, (b) a victim under the age of thirteen years, or (c) a victim who the sex offender knew or should have known was mentally or physically incapable of resisting or appraising the nature of his or her conduct;
(2) DNA sample has the same meaning as in section 29-4103;
(3) Habitual living location means any place that an offender may stay for a period of more than three days even though the sex offender maintains a separate permanent address or temporary domicile;
(4) Minor means a person under eighteen years of age;
(5) State DNA Database means the database established pursuant to section 29-4104; and
(6) Temporary domicile means any place at which the person actually lives or stays for a period of at least three working days.
Source
Laws 2009, LB97, § 24;
Laws 2009, LB285, § 3;
Laws 2015, LB292, § 5.
Annotations
Following the 2009 amendments to the Sex Offender Registration Act, a sentencing court has the authority to find that a defendant committed an aggravated offense as defined in subdivision (1) of this section. State v. Wilson, 306 Neb. 875, 947 N.W.2d 704 (2020).
When a defendant pleads to an offense, such as first degree sexual assault pursuant to section 28-319, where the term "aggravated offense" is not a specifically included element of the offense, in order for lifetime community supervision to apply, a jury would need to find that the defendant had committed an aggravated offense, or the defendant must plead separately to the commission of an aggravated offense. State v. Nelson, 27 Neb. App. 748, 936 N.W.2d 32 (2019).
To constitute "direct genital touching" for purposes of finding an aggravated offense under this section, there must be evidence that the actor touched the victim's genitals under the victim's clothing. State v. Kresha, 25 Neb. App. 543, 909 N.W.2d 93 (2018).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4002 - Legislative findings.

29-4002.
Legislative findings.
The Legislature finds that sex offenders present a high risk to commit repeat offenses. The Legislature further finds that efforts of law enforcement agencies to protect their communities, conduct investigations, and quickly apprehend sex offenders are impaired by the lack of available information about individuals who have pleaded guilty to or have been found guilty of sex offenses and who live, work, or attend school in their jurisdiction. The Legislature further finds that state policy should assist efforts of local law enforcement agencies to protect their communities by requiring sex offenders to register with local law enforcement agencies as provided by the Sex Offender Registration Act.
Source
Laws 1996, LB 645, § 2;
Laws 2002, LB 564, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4008 - False or misleading information prohibited; updates required.

29-4008.
False or misleading information prohibited; updates required.
No person subject to the Sex Offender Registration Act shall knowingly and willfully furnish any false or misleading information in the registration or fail to provide or timely update law enforcement of any of the information required to be provided by the act.
Source
Laws 1996, LB 645, § 8;
Laws 2009, LB97, § 28.
Annotations
The phrase "knowingly and willfully" in this section applies only to the furnishing of false and misleading information and not to the failure to update information. State v. Clark, 22 Neb. App. 124, 849 N.W.2d 151 (2014).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4009 - Information not confidential; limit on disclosure.

29-4009.
Information not confidential; limit on disclosure.
(1) Information obtained under the Sex Offender Registration Act shall not be confidential, except that the following information shall only be disclosed to law enforcement agencies, including federal or state probation or parole agencies, if appropriate:
(a) A sex offender's social security number;
(b) Any references to arrests of a sex offender that did not result in conviction;
(c) A sex offender's travel or immigration document information;
(d) A sex offender's remote communication device identifiers and addresses;
(e) A sex offender's email addresses, instant messaging identifiers, chat room identifiers, global unique identifiers, and other Internet communication identifiers;
(f) A sex offender's telephone numbers;
(g) A sex offender's motor vehicle operator's license information or state identification card number; and
(h) The name of any employer of a sex offender.
(2) The identity of any victim of a sex offense shall not be released.
(3) The release of information authorized by this section shall conform with the rules and regulations adopted and promulgated by the Nebraska State Patrol pursuant to section 29-4013.
Source
Laws 1996, LB 645, § 9;
Laws 1998, LB 204, § 2;
Laws 2002, LB 564, § 8;
Laws 2005, LB 713, § 6;
Laws 2006, LB 1199, § 23;
Laws 2009, LB285, § 9.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4011 - Violations; penalties; investigation and enforcement.

29-4011.
Violations; penalties; investigation and enforcement.
(1) Any person required to register under the Sex Offender Registration Act who violates the act is guilty of a Class IIIA felony.
(2) Any person required to register under the act who violates the act and who has previously been convicted of a violation of the act is guilty of a Class IIA felony and shall be sentenced to a mandatory minimum term of at least one year in prison unless the violation which caused the person to be placed on the registry was a misdemeanor, in which case the violation of the act shall be a Class IIIA felony.
(3) Any law enforcement agency with jurisdiction in the area in which a person required to register under the act resides, has a temporary domicile, maintains a habitual living location, is employed, carries on a vocation, or attends school shall investigate and enforce violations of the act.
Source
Laws 1996, LB 645, § 11;
Laws 2006, LB 1199, § 24;
Laws 2009, LB285, § 10;
Laws 2015, LB605, § 74.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4014 - Person committed to Department of Correctional Services; attend sex offender treatment and counseling programming.

29-4014.
Person committed to Department of Correctional Services; attend sex offender treatment and counseling programming.
Any person convicted of a crime requiring registration as a sex offender pursuant to section 29-4003 and committed to the Department of Correctional Services shall attend appropriate sex offender treatment and counseling programming offered by the department. Refusal to participate in such programming shall not result in disciplinary action or a loss of good time credit on the part of the offender but shall require a civil commitment evaluation pursuant to section 83-174.02 prior to the completion of his or her criminal sentence.
Source
Laws 2006, LB 1199, § 26.
Annotations
This section does not violate the constitutional provisions relating to equal protection, special legislation, separation of powers, bills of attainder, ex post facto, or double jeopardy. In re Interest of A.M., 281 Neb. 482, 797 N.W.2d 233 (2011).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4016 - Terms, defined.

29-4016.
Terms, defined.
For purposes of the Sexual Predator Residency Restriction Act:
(1) Child care facility means a facility licensed pursuant to the Child Care Licensing Act;
(2) Political subdivision means a village, a city, a county, a school district, a public power district, or any other unit of local government;
(3) School means a public, private, denominational, or parochial school which meets the requirements for accreditation or approval prescribed in Chapter 79;
(4) Sex offender means an individual who has been convicted of a crime listed in section 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act; and
(5) Sexual predator means an individual who is required to register under the Sex Offender Registration Act, who has committed an aggravated offense as defined in section 29-4001.01, and who has victimized a person eighteen years of age or younger.
Source
Laws 2006, LB 1199, § 28;
Laws 2009, LB285, § 12.
Cross References
Child Care Licensing Act, see section 71-1908.
Sex Offender Registration Act, see section 29-4001.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4017 - Political subdivision restrictions on sex offender residency; requirements.

29-4017.
Political subdivision restrictions on sex offender residency; requirements.
(1) A political subdivision may enact an ordinance, resolution, or other legal restriction prescribing where sex offenders may reside only if the restrictions are limited to sexual predators, extend no more than five hundred feet from a school or child care facility, and meet the requirements of subsection (2) of this section.
(2) An ordinance, resolution, or other legal restriction enacted by a political subdivision shall not apply to a sexual predator who:
(a) Resides within a prison or a correctional or treatment facility operated by the state or a political subdivision;
(b) Established a residence before July 1, 2006, and has not moved from that residence; or
(c) Established a residence after July 1, 2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator's residence at that location.
(3) Any ordinance, resolution, or other legal restriction prescribing where sex offenders may reside which does not meet the requirements of this section is void, regardless of whether such ordinance, resolution, or legal restriction was adopted prior to, on, or after July 14, 2006.
Source
Laws 2006, LB 1199, § 29.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4018 - Offense requiring civil commitment evaluation; sentencing court; duties.

29-4018.
Offense requiring civil commitment evaluation; sentencing court; duties.
When sentencing a person convicted of an offense which requires a civil commitment evaluation pursuant to section 83-174.02, the sentencing court shall:
(1) Provide written notice to the defendant that a civil commitment evaluation is required prior to his or her release from incarceration;
(2) Require the defendant to read and sign a form stating that the defendant has been informed that a civil commitment evaluation is required prior to his or her release from incarceration; and
(3) Retain a copy of the written notification signed by the defendant.
Source
Laws 2006, LB 1199, § 55.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4101 - Act, how cited.

29-4101.
Act, how cited.
Sections 29-4101 to 29-4115.01 shall be known and may be cited as the DNA Identification Information Act.
Source
Laws 1997, LB 278, § 1;
Laws 2006, LB 385, § 2;
Laws 2006, LB 1113, § 28;
Laws 2010, LB190, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4102 - Legislative findings.

29-4102.
Legislative findings.
The Legislature finds that DNA data banks are an important tool in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations or prosecutions, in deterring and detecting recidivist acts, and in locating and identifying missing persons and human remains. Several states have enacted laws requiring persons convicted of certain crimes to provide genetic samples for DNA typing tests. Moreover, it is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations and in locating and identifying missing persons and human remains. It is in the best interest of this state to establish a State DNA Database for DNA records and a State DNA Sample Bank as a repository for DNA samples from individuals convicted of felony offenses and other specified offenses and from individuals for purposes of assisting in locating and identifying missing persons and human remains.
Source
Laws 1997, LB 278, § 2;
Laws 2006, LB 385, § 3;
Laws 2006, LB 1113, § 29;
Laws 2010, LB190, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4103 - Terms, defined.

29-4103.
Terms, defined.
For purposes of the DNA Identification Information Act:
(1) Combined DNA Index System means the Federal Bureau of Investigation's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories;
(2) DNA means deoxyribonucleic acid which is located in the cells and provides an individual's personal genetic blueprint. DNA encodes genetic information that is the basis of human heredity and forensic identification;
(3) DNA record means the DNA identification information stored in the State DNA Database or the Combined DNA Index System which is derived from DNA typing test results;
(4) DNA sample means a blood, tissue, or bodily fluid sample provided by any person covered by the DNA Identification Information Act for analysis or storage, or both;
(5) DNA typing tests means the laboratory procedures which evaluate the characteristics of a DNA sample which are of value in establishing the identity of an individual;
(6) Law enforcement agency includes a police department, a town marshal, a county sheriff, and the Nebraska State Patrol;
(7) Other specified offense means misdemeanor stalking pursuant to sections 28-311.02 to 28-311.05 or false imprisonment in the second degree pursuant to section 28-315 or an attempt, conspiracy, or solicitation to commit stalking pursuant to sections 28-311.02 to 28-311.05, false imprisonment in the first degree pursuant to section 28-314, false imprisonment in the second degree pursuant to section 28-315, knowing and intentional sexual abuse of a vulnerable adult or senior adult pursuant to subdivision (1)(c) of section 28-386, or a violation of the Sex Offender Registration Act pursuant to section 29-4011; and
(8) Released means any release, parole, furlough, work release, prerelease, or release in any other manner from a prison, a jail, or any other detention facility or institution.
Source
Laws 1997, LB 278, § 3;
Laws 2006, LB 385, § 4;
Laws 2006, LB 1199, § 30;
Laws 2010, LB190, § 4;
Laws 2016, LB934, § 12.
Cross References
Sex Offender Registration Act, see section 29-4001.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4104 - State DNA Database; established; contents; Nebraska State Patrol; duties.

29-4104.
State DNA Database; established; contents; Nebraska State Patrol; duties.
The State DNA Database is established. The Nebraska State Patrol shall administer the State DNA Database and shall provide DNA records to the Federal Bureau of Investigation for storage and maintenance in the Combined DNA Index System. The patrol shall provide for liaison with the Federal Bureau of Investigation and other law enforcement agencies in regard to the state's participation in the Combined DNA Index System. The State DNA Database shall store and maintain DNA records related to:
(1) Forensic casework, including, but not limited to, forensic casework relating to missing persons, relatives of missing persons, and unidentified human remains;
(2) Convicted offenders required to provide a DNA sample under the DNA Identification Information Act;
(3) Anonymous DNA records used for research or quality control; and
(4) Missing persons, relatives of missing persons, and unidentified human remains.
Source
Laws 1997, LB 278, § 4;
Laws 2006, LB 385, § 5;
Laws 2006, LB 1113, § 30.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4106.01 - DNA samples; collection method choice.

29-4106.01.
DNA samples; collection method choice.
A person required to submit a DNA sample pursuant to section 29-4106 shall be given the choice of having the sample collected by a blood draw or a buccal cell collection kit. Any person who collects a DNA sample pursuant to section 29-4106 shall honor the choice of collection method made by the person providing the DNA sample. If the person required to submit the DNA sample does not indicate a preference as to the method of collection, either method may be used to collect the sample.
Source
Laws 2006, LB 1113, § 31.