Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1020
Introduced by Bostar, 29; Bosn, 25.
Read first time January 13, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to crimes and offenses; to amend sections1
29-2204.02, 29-2308, 29-4103, 84-941.01, and 86-2,103, Reissue2
Revised Statutes of Nebraska, section 28-311.08, Revised Statutes3
Cumulative Supplement, 2024, and sections 28-101, 28-311.02,4
28-311.04, 28-1205, and 28-1206, Revised Statutes Supplement, 2025;5
to prohibit certain conduct relating to mobile tracking devices; to6
provide penalties; to define and redefine terms; to change penalties7
for stalking; to change provisions relating to unlawful intrusion;8
to prohibit operation of an unmanned aircraft system in restricted9
areas and require operators to present a certificate upon request;10
to create the offense of swatting and require restitution; to11
eliminate the requirement that courts impose probation for Class IV12
felonies; to change provisions relating to intercepted13
communications; to harmonize provisions; and to repeal the original14
sections. 15
Be it enacted by the people of the State of Nebraska,16
LB1020
2026
LB1020
2026
-1-
Section 1. Section 28-101, Revised Statutes Supplement, 2025, is1
amended to read: 2
28-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-17013
and sections 2 to 5, 11, and 12 of this act shall be known and may be4
cited as the Nebraska Criminal Code. 5
Sec. 2. For purposes of sections 2 to 5 of this act:6
(1) Business entity means any form of corporation, company,7
partnership, association, cooperative, joint venture, business trust, or8
sole proprietorship that conducts business in this state;9
(2) Mobile tracking device has the same meaning as in section10
86-2,103; 11
(3) Private investigator means a person licensed under sections12
71-3201 to 71-3213; 13
(4) Protection order means any protection order issued or recognized14
under the Protection Orders Act; 15
(5) Senior adult has the same meaning as in section 28-366.01; and16
(6) Vulnerable adult has the same meaning as in section 28-371.17
Sec. 3. (1) Except as otherwise provided in section 4 of this act,18
a person shall not knowingly: 19
(a) Install a mobile tracking device on another person's property20
without the other person's consent; 21
(b) Cause a mobile tracking device to track the position or movement22
of another person or another person's property without the other person's23
consent; or 24
(c) Fail to remove or ensure the removal of a mobile tracking device25
that has been installed on another person's property with such person's26
consent when such consent has been revoked. 27
(2) For purposes of this section, if a person has given consent for28
another person to install a mobile tracking device on the consenting29
person's property, such consent shall be deemed to have been revoked if30
any of the following applies: 31
LB1020
2026
LB1020
2026
-2-
(a) The consenting person communicates to the person to whom consent1
was given that such consent is revoked; 2
(b) The consenting person and the person to whom consent was given3
are married and one of them files an action for divorce, annulment, or4
separate maintenance; or 5
(c) The consenting person receives a protection order against the6
person to whom consent was given. Revocation under this subdivision (2)7
(c) is effective when the person to whom consent was given has notice of8
such protection order. 9
Sec. 4. Section 3 of this act does not apply to any of the10
following: 11
(1) A mobile tracking device installed and used in compliance with12
sections 86-271 to 86-2,115; 13
(2) A mobile tracking device installed and used pursuant to a court14
order, including, but not limited to, as a condition of pretrial release,15
probation, parole, or post-release supervision; 16
(3) A parent or legal guardian of a minor child who installs or uses17
a mobile tracking device to track the minor child if any of the following18
applies: 19
(a) The parents or legal guardians of the child are lawfully married20
to each other and are not separated or otherwise living apart, and either21
of those parents or legal guardians consents to the installation of the22
tracking device or tracking application; 23
(b) The parent or legal guardian of the child is the sole surviving24
parent or legal guardian of the child; 25
(c) The parent or legal guardian of the child has sole custody of26
the child; or 27
(d) The parents or legal guardians of the child are divorced,28
separated, or otherwise living apart and neither parent has sole custody29
of the child, and both consent to the installation of the mobile tracking30
device; 31
LB1020
2026
LB1020
2026
-3-
(4) A caregiver of a vulnerable adult or senior adult, if such1
adult's treating physician certifies that the installation or use of a2
mobile tracking device on such adult's property is necessary to ensure3
the safety of such adult; 4
(5) A person acting in good faith on behalf of a business entity for5
a legitimate business purpose or a governmental entity for a legitimate6
government purpose. This subdivision (5) does not apply to a private7
investigator; 8
(6)(a) A private investigator who is acting in the normal course of9
the business of private investigation on behalf of another person and who10
has the consent of the owner of the property upon which the mobile11
tracking device is installed, for the purpose of obtaining information12
with reference to any of the following: 13
(i) Criminal offenses committed, threatened, or suspected against14
the United States, a territory of the United States, a state, or any15
person or legal entity; 16
(ii) Locating an individual known to be a fugitive from justice;17
(iii) Locating lost or stolen property or other assets that have18
been awarded by the court; or 19
(iv) Investigating claims related to workers' compensation.20
(b) This subdivision (6) does not apply if the person on whose21
behalf the private investigator is working is the subject of a protection22
order or if the private investigator knows or reasonably should know that23
the person on whose behalf the private investigator is working seeks the24
investigator's services to aid in the commission of a crime;25
(7) An owner or lessee of a motor vehicle who installs, or directs26
the installation of, a mobile tracking device on the motor vehicle during27
the period of ownership or lease, if any of the following applies:28
(a) The mobile tracking device is removed before the motor vehicle's29
title is transferred or the motor vehicle's lease expires;30
(b) The new owner of the motor vehicle, in the case of a sale, or31
LB1020
2026
LB1020
2026
-4-
the lessor of the motor vehicle, in the case of an expired lease,1
consents in writing to the nonremoval of the mobile tracking device; or2
(c) The owner of the motor vehicle at the time of the installation3
of the mobile tracking device was the original manufacturer of the motor4
vehicle; or 5
(8) A person or business entity that installs a mobile tracking6
device on any fixed-wing aircraft or rotorcraft operated or managed by7
the person or business entity pursuant to 14 C.F.R. part 91 or part 1358
to track the position or movement of the fixed-wing aircraft or9
rotorcraft. 10
Sec. 5. A violation of section 3 of this act is a Class IIIA11
felony. 12
Sec. 6. Section 28-311.02, Revised Statutes Supplement, 2025, is13
amended to read: 14
28-311.02 (1) It is the intent of the Legislature to enact laws15
dealing with stalking offenses which will protect victims from being16
willfully harassed, intentionally terrified, threatened, or intimidated17
by individuals who intentionally follow, detain, stalk, or harass them or18
impose any restraint on their personal liberty and which will not19
prohibit constitutionally protected activities. 20
(2) For purposes of sections 28-311.02 to 28-311.05:21
(a) Harass means to engage in a knowing and willful course of22
conduct directed at a specific person which seriously terrifies,23
threatens, or intimidates the person and which serves no legitimate24
purpose; 25
(a) (b) Course of conduct means a pattern of conduct composed of a26
series of acts over a period of time, however short, evidencing a27
continuity of purpose, including a series of acts of following,28
detaining, restraining the personal liberty of, or stalking the person or29
telephoning, contacting, or otherwise communicating with the person;30
(b) (c) Family or household member has the same meaning as in31
LB1020
2026
LB1020
2026
-5-
section 42-903; and means a spouse or former spouse of the victim,1
children of the victim, a person presently residing with the victim or2
who has resided with the victim in the past, a person who had a child in3
common with the victim, other persons related to the victim by4
consanguinity or affinity, or any person presently involved in a dating5
relationship with the victim or who has been involved in a dating6
relationship with the victim. For purposes of this subdivision, dating7
relationship means frequent, intimate associations primarily8
characterized by the expectation of affectional or sexual involvement but9
does not include a casual relationship or an ordinary association between10
persons in a business or social context; and 11
(c) Harass means to engage in a knowing and willful course of12
conduct directed at a specific person which seriously terrifies,13
threatens, or intimidates the person and which serves no legitimate14
purpose. 15
(d) Substantially conforming criminal violation means a guilty plea,16
a nolo contendere plea, or a conviction for a violation of any federal17
law or law of another state or any county, city, or village ordinance of18
this state or another state substantially similar to section 28-311.03.19
Substantially conforming is a question of law to be determined by the20
court. 21
Sec. 7. Section 28-311.04, Revised Statutes Supplement, 2025, is22
amended to read: 23
28-311.04 A violation of section 28-311.03 is a Class IIIA felony.24
(1) Except as provided in subsection (2) of this section, any person25
convicted of violating section 28-311.03 is guilty of a Class I26
misdemeanor. 27
(2) Any person convicted of violating section 28-311.03 is guilty of28
a Class IIIA felony if: 29
(a) The person has a prior conviction under such section or a30
substantially conforming criminal violation within the last seven years;31
LB1020
2026
LB1020
2026
-6-
(b) The victim is under sixteen years of age; 1
(c) The person possessed a deadly weapon at any time during the2
violation; 3
(d) The person was also in violation of any protection order issued4
under the Protection Orders Act or any valid foreign protection order5
recognized pursuant to section 26-123 or 26-124 at any time during the6
violation; or 7
(e) The person has been convicted of any felony in this state or has8
been convicted of a crime in another jurisdiction which, if committed in9
this state, would constitute a felony and the victim or a family or10
household member of the victim was also the victim of such previous11
felony. 12
Sec. 8. Section 28-311.08, Revised Statutes Cumulative Supplement,13
2024, is amended to read: 14
28-311.08 (1) It shall be unlawful for any person to knowingly15
intrude upon any other person without his or her consent in a place of16
solitude or seclusion. Violation of this subsection is a Class I17
misdemeanor. A second or subsequent violation of this subsection is a18
Class IV felony. 19
(2) It shall be unlawful for any person to knowingly and20
intentionally photograph, film, or otherwise record an image or video of21
the intimate area of any other person without his or her knowledge and22
consent when his or her intimate area would not be generally visible to23
the public regardless of whether such other person is located in a public24
or private place. Violation of this subsection is a Class IV felony.25
(3) It shall be unlawful for any person to knowingly and26
intentionally distribute or otherwise make public an image or video of27
another person recorded in violation of subsection (2) of this section28
without that person's consent. A first or second violation of this29
subsection is a Class IIA felony. A third or subsequent violation of this30
subsection is a Class II felony. 31
LB1020
2026
LB1020
2026
-7-
(4) It shall be unlawful for any person to knowingly and1
intentionally distribute or otherwise make public an image or video of2
another person's intimate area or of another person engaged in sexually3
explicit conduct (a) if the other person had a reasonable expectation4
that the image would remain private, (b) knowing the other person did not5
consent to distributing or making public the image or video, and (c) if6
distributing or making public the image or video serves no legitimate7
purpose. Violation of this subsection is a Class I misdemeanor. A second8
or subsequent violation of this subsection is a Class IV felony.9
(5) It shall be unlawful for any person to threaten to distribute or10
otherwise make public an image or video of another person's intimate area11
or of another person engaged in sexually explicit conduct with the intent12
to intimidate, threaten, or harass any person. Violation of this13
subsection is a Class I misdemeanor. 14
(6) As part of sentencing following a conviction for a violation of15
subsection (1), (2), or (3) of this section, the court shall make a16
finding as to the ages of the defendant and the victim at the time the17
offense occurred. If the defendant is found to have been nineteen years18
of age or older and the victim is found to have been less than eighteen19
years of age at such time, then the defendant shall be required to20
register under the Sex Offender Registration Act. 21
(7) No person shall be prosecuted under this section unless the22
indictment for such offense is found by a grand jury or a complaint filed23
before a magistrate within three years after the later of:24
(a) The commission of the crime; 25
(b) Law enforcement's or a victim's receipt of actual or26
constructive notice of either the existence of a video or other27
electronic recording made in violation of this section or the28
distribution of images, video, or other electronic recording made in29
violation of this section; or 30
(c) The youngest victim of a violation of this section reaching the31
LB1020
2026
LB1020
2026
-8-
age of twenty-one years. 1
(8) For purposes of this section: 2
(a) Intimate area means the naked or undergarment-clad genitalia,3
pubic area, buttocks, or female breast of an individual;4
(b) Intrude means either: 5
(i) Viewing another person in a state of undress as it is occurring ,6
whether directly or through electronic or other remote means, including,7
but not limited to, by unmanned aircraft; or 8
(ii) Recording another person in a state of undress by video,9
photographic, digital, or other electronic means including, but not10
limited to, by unmanned aircraft; and 11
(c) Place of solitude or seclusion means a place where a person12
would intend to be in a state of undress and have a reasonable13
expectation of privacy, including, but not limited to, any facility,14
public or private, used as a restroom, tanning booth, locker room, shower15
room, fitting room, or dressing room; and . 16
(d) Unmanned aircraft means an aircraft, including an aircraft17
commonly known as a drone, which is operated without the possibility of18
direct human intervention from within or on the aircraft.19
Sec. 9. Section 28-1205, Revised Statutes Supplement, 2025, is20
amended to read: 21
28-1205 (1)(a) Any person who uses a firearm, a knife, brass or iron22
knuckles, or any other deadly weapon to commit any felony which may be23
prosecuted in a court of this state commits the offense of use of a24
deadly weapon to commit a felony. 25
(b) Use of a deadly weapon, other than a firearm, to commit a felony26
is a Class II felony. 27
(c) Use of a deadly weapon, which is a firearm, to commit a felony28
is a Class IC felony. 29
(2)(a) Any person who possesses a firearm, a knife, brass or iron30
knuckles, or a destructive device during the commission of any felony31
LB1020
2026
LB1020
2026
-9-
which may be prosecuted in a court of this state commits the offense of1
possession of a deadly weapon during the commission of a felony.2
(b) Possession of a deadly weapon, other than a firearm, during the3
commission of a felony is a Class III felony. 4
(c) Possession of a deadly weapon, which is a firearm, during the5
commission of a felony is a Class II felony. 6
(3)(a) Any person who carries a firearm or a destructive device7
during the commission of a dangerous misdemeanor commits the offense of8
carrying a firearm or destructive device during the commission of a9
dangerous misdemeanor. 10
(b) A violation of this subsection is a: 11
(i) Class I misdemeanor for a first or second offense; and12
(ii) A Class IV felony for any third or subsequent offense.13
(4) A violation of this section shall be treated as a separate and14
distinct offense from the underlying crimes being committed, and a15
sentence imposed under this section shall be consecutive to any other16
sentence imposed. 17
(5) Possession of a deadly weapon may be proved through evidence18
demonstrating either actual or constructive possession of a firearm, a19
knife, brass or iron knuckles, or a destructive device during,20
immediately prior to, or immediately after the commission of a felony.21
(6) For purposes of this section: 22
(a) Dangerous misdemeanor means a misdemeanor violation of any of23
the following offenses: 24
(i) Stalking under section 28-311.03; 25
(i) (ii) Knowing violation of any protection order issued under the26
Protection Orders Act; 27
(ii) (iii) Domestic assault under section 28-323;28
(iii) (iv) Assault of an unborn child in the third degree under29
section 28-399; 30
(iv) (v) Theft by shoplifting under section 28-511.01;31
LB1020
2026
LB1020
2026
-10-
(v) (vi) Unauthorized use of a propelled vehicle under section1
28-516; 2
(vi) (vii) Criminal mischief under section 28-519 if such violation3
arises from an incident involving the commission of a misdemeanor crime4
of domestic violence; 5
(vii) (viii) Impersonating a police officer under section 28-610;6
(viii) (ix) Resisting arrest under section 28-904;7
(ix) (x) Operating a motor vehicle or vessel to avoid arrest under8
section 28-905; 9
(x) (xi) Obstructing a peace officer under section 28-906; or10
(xi) (xii) Any attempt under section 28-201 to commit an offense11
described in subdivisions (6)(a)(i) through (x) (xi) of this section;12
(b) Destructive device has the same meaning as in section 28-1213;13
(c) Misdemeanor crime of domestic violence has the same meaning as14
in section 28-1206; and 15
(d) Use of a deadly weapon includes the discharge, employment, or16
visible display of any part of a firearm, a knife, brass or iron17
knuckles, any other deadly weapon, or a destructive device during,18
immediately prior to, or immediately after the commission of a felony or19
communication to another indicating the presence of a firearm, a knife,20
brass or iron knuckles, any other deadly weapon, or a destructive device21
during, immediately prior to, or immediately after the commission of a22
felony, regardless of whether such firearm, knife, brass or iron23
knuckles, deadly weapon, or destructive device was discharged, actively24
employed, or displayed. 25
Sec. 10. Section 28-1206, Revised Statutes Supplement, 2025, is26
amended to read: 27
28-1206 (1) A person commits the offense of possession of a deadly28
weapon by a prohibited person if he or she: 29
(a) Possesses a firearm, a knife, or brass or iron knuckles and he30
or she: 31
LB1020
2026
LB1020
2026
-11-
(i) Has previously been convicted of a felony;1
(ii) Is a fugitive from justice; 2
(iii) Is the subject of a current and valid protection order issued3
under the Protection Orders Act or a current and valid foreign protection4
order recognized under section 26-123 or 26-124 and is knowingly5
violating such order; or 6
(iv) Is on probation pursuant to a deferred judgment for a felony7
under section 29-2292 or 29-4803; or 8
(b) Possesses a firearm or brass or iron knuckles and he or she has9
been convicted within the past seven years of a misdemeanor crime of10
domestic violence. 11
(2) The felony conviction may have been had in any court in the12
United States, the several states, territories, or possessions, or the13
District of Columbia. 14
(3)(a) Possession of a deadly weapon which is not a firearm by a15
prohibited person is a Class III felony. 16
(b) Possession of a deadly weapon which is a firearm by a prohibited17
person is a Class ID felony for a first offense and a Class IB felony for18
a second or subsequent offense. 19
(4) Subdivision (1)(a)(i) of this section shall not prohibit:20
(a) Possession of archery equipment for lawful purposes; or21
(b) If in possession of a recreational license, possession of a22
knife for purposes of butchering, dressing, or otherwise processing or23
harvesting game, fish, or furs. 24
(5)(a) For purposes of this section, misdemeanor crime of domestic25
violence means a crime that: 26
(i) Is classified as a misdemeanor under the laws of the United27
States or the District of Columbia or the laws of any state, territory,28
possession, or tribe; 29
(ii) Has, as an element, the use or attempted use of physical force30
or the threatened use of a deadly weapon; and 31
LB1020
2026
LB1020
2026
-12-
(iii) Is committed by another against his or her spouse, his or her1
former spouse, a person with whom he or she has a child in common whether2
or not they have been married or lived together at any time, or a person3
with whom he or she is or was involved in a dating relationship as4
defined in section 28-323. 5
(b) For purposes of this section, misdemeanor crime of domestic6
violence also includes the following offenses, if committed by a person7
against his or her spouse, his or her former spouse, a person with whom8
he or she is or was involved in a dating relationship as defined in9
section 28-323, or a person with whom he or she has a child in common10
whether or not they have been married or lived together at any time:11
(i) Assault in the third degree under section 28-310;12
(ii) Stalking under subsection (1) of section 28-311.04;13
(ii) (iii) False imprisonment in the second degree under section14
28-315; 15
(iii) (iv) First offense domestic assault in the third degree under16
subsection (1) of section 28-323; or 17
(iv) (v) Any attempt or conspiracy to commit any of such offenses.18
(c) A person shall not be considered to have been convicted of a19
misdemeanor crime of domestic violence unless: 20
(i) The person was represented by counsel in the case or knowingly21
and intelligently waived the right to counsel in the case; and22
(ii) In the case of a prosecution for a misdemeanor crime of23
domestic violence for which a person was entitled to a jury trial in the24
jurisdiction in which the case was tried, either: 25
(A) The case was tried to a jury; or 26
(B) The person knowingly and intelligently waived the right to have27
the case tried to a jury. 28
(6) In addition, for purposes of this section:29
(a) Archery equipment means: 30
(i) A longbow, recurve bow, compound bow, or nonelectric crossbow31
LB1020
2026
LB1020
2026
-13-
that is drawn or cocked with human power and released by human power; and1
(ii) Target or hunting arrows, including arrows with broad, fixed,2
or removable heads or that contain multiple sharp cutting edges; and3
(b) Recreational license means a state-issued license, certificate,4
registration, permit, tag, sticker, or other similar document or5
identifier evidencing permission to hunt, fish, or trap for furs in the6
State of Nebraska. 7
Sec. 11. (1) For purposes of this section: 8
(a) Restricted area means an area of airspace within the state that:9
(i) The Federal Aviation Administration has determined to be a10
restricted area, either by way of a Notice to Airmen, Temporary Flight11
Restriction, No Drone Zone, or other means; or 12
(ii) Is classified as a Class B, C, or D airspace by the Federal13
Aviation Administration, as such classifications existed on January 1,14
2026; and 15
(b) Unmanned aircraft means an aircraft, including an aircraft16
commonly known as a drone, which is operated without the possibility of17
direct human intervention from within or on the aircraft.18
(2) Anyone who launches, operates, or causes to be launched or19
operated, any unmanned aircraft system within the state shall present,20
immediately upon request by any peace officer, a current certificate of21
aircraft registration issued by the Federal Aviation Administration for22
the unmanned aircraft system. 23
(3) No person shall launch, operate, or cause to be launched or24
operated, any unmanned aircraft system in any restricted area unless such25
person: 26
(a) Has received approval from the Federal Aviation Administration27
to operate an unmanned aircraft system in the restricted area and is28
complying with all terms and conditions of such approval; and29
(b) Prior to such operation, the person has notified all state,30
county, and municipal law enforcement agencies with jurisdiction in the31
LB1020
2026
LB1020
2026
-14-
area that the person will be operating an unmanned aircraft in the1
restricted area and that such person has approval from the Federal2
Aviation Administration for such operation. 3
(4) A violation of this section is a Class III misdemeanor.4
Sec. 12. (1) A person commits the offense of swatting if such5
person: 6
(a) Knowingly makes, causes to be made, or directs a false or7
misleading report of criminal activity or a need for emergency medical8
services or assistance from firefighters; 9
(b) Such report is made to a law enforcement agency, public safety10
answering point, or any other emergency response organization;11
(c) The person knows or reasonably should know the report is false12
or misleading; and 13
(d) The report results in the dispatch of law enforcement,14
firefighters, or emergency response personnel. 15
(2) An offense under this section may be committed by any means of16
communication, including, but not limited to, direct communication,17
electronic communication, communication through a third party, or the use18
of automated or digital systems. 19
(3)(a) Except as otherwise provided in this subsection, a violation20
of this section is a Class I misdemeanor. 21
(b) A violation of this section is a Class II felony if the22
violation proximately: 23
(i) Results in serious bodily injury to any person; or24
(ii) Causes a law enforcement officer to deploy or threaten to25
deploy deadly force. 26
(c) A violation of this section is a Class IB felony if the27
violation proximately results in the death of any person, including any28
law enforcement or emergency response personnel. 29
(4) Upon conviction for a violation of this section, the court30
shall, in addition to any other punishment imposed, order the defendant31
LB1020
2026
LB1020
2026
-15-
to make restitution, in accordance with sections 29-2280 to 29-2289, for1
all reasonable costs incurred by any victim of the offense and by any2
government entity as a result of the violation. Such expenses include,3
but are not limited to, law enforcement, firefighting, and emergency4
response personnel costs, tactical or specialized unit deployment,5
medical treatment, and property damage. 6
(5) A violation of this section may be prosecuted in the county:7
(a) In which the defendant made the false report;8
(b) In which the recipient of the false report is located;9
(c) Where the recipient responded to the false report; or10
(d) Where the harm or risk of harm caused by the violation occurred.11
(6) For purposes of this section: 12
(a) Law enforcement agency has the same meaning as in section13
81-1401; and 14
(b) Public safety answering point has the same meaning as in section15
86-1052. 16
Sec. 13. Section 29-2204.02, Reissue Revised Statutes of Nebraska,17
is amended to read: 18
29-2204.02 (1) Except when a term of probation is required by law as19
provided in subsection (2) of this section or except as otherwise20
provided in subsection (2) (4) of this section, in imposing a sentence21
upon an offender for a Class III, IIIA, or IV felony, the court shall:22
(a) Impose a determinate sentence of imprisonment within the23
applicable range in section 28-105; and 24
(b) Impose a sentence of post-release supervision, under the25
jurisdiction of the Office of Probation Administration, within the26
applicable range in section 28-105. 27
(2) If the criminal offense is a Class IV felony, the court shall28
impose a sentence of probation unless: 29
(a) The defendant is concurrently or consecutively sentenced to30
imprisonment for any felony other than another Class IV felony;31
LB1020
2026
LB1020
2026
-16-
(b) The defendant has been deemed a habitual criminal pursuant to1
section 29-2221; or 2
(c) There are substantial and compelling reasons why the defendant3
cannot effectively and safely be supervised in the community, including,4
but not limited to, the criteria in subsections (2) and (3) of section5
29-2260. Unless other reasons are found to be present, that the offender6
has not previously succeeded on probation is not, standing alone, a7
substantial and compelling reason. 8
(3) If a sentence of probation is not imposed, the court shall state9
its reasoning on the record, advise the defendant of his or her right to10
appeal the sentence, and impose a sentence as provided in subsection (1)11
of this section. 12
(2) (4) For any sentence of imprisonment for a Class III, IIIA, or13
IV felony for an offense committed on or after August 30, 2015, imposed14
consecutively or concurrently with (a) a sentence for a Class III, IIIA,15
or IV felony for an offense committed prior to August 30, 2015, or (b) a16
sentence of imprisonment for a Class I, IA, IB, IC, ID, II, or IIA17
felony, the court shall impose an indeterminate sentence within the18
applicable range in section 28-105 that does not include a period of19
post-release supervision, in accordance with the process set forth in20
section 29-2204. 21
(3) (5) For any sentence of imprisonment for a misdemeanor imposed22
consecutively or concurrently with a sentence of imprisonment for a Class23
III, IIIA, or IV felony for an offense committed on or after August 30,24
2015, the court shall impose a determinate sentence within the applicable25
range in section 28-106 unless the person is also committed to the26
Department of Correctional Services in accordance with section 29-220427
for (a) a sentence of imprisonment for a Class III, IIIA, or IV felony28
committed prior to August 30, 2015, or (b) a sentence of imprisonment for29
a Class I, IA, IB, IC, ID, II, or IIA felony. 30
(4) (6) If the defendant was under eighteen years of age at the time31
LB1020
2026
LB1020
2026
-17-
he or she committed the crime for which he or she was convicted, the1
court may, in its discretion, instead of imposing the penalty provided2
for the crime, make such disposition of the defendant as the court deems3
proper under the Nebraska Juvenile Code. 4
(5)(a) (7)(a) When imposing a determinate sentence upon an offender5
under this section, the court shall: 6
(i) Advise the offender on the record the time the offender will7
serve on his or her term of imprisonment before his or her term of post-8
release supervision assuming that no good time for which the offender9
will be eligible is lost; 10
(ii) Advise the offender on the record the time the offender will11
serve on his or her term of post-release supervision; and12
(iii) When imposing a sentence following revocation of post-release13
supervision, advise the offender on the record the time the offender will14
serve on his or her term of imprisonment, including credit for time15
served, assuming that no good time for which the offender will be16
eligible is lost. 17
(b) If a period of post-release supervision is required but not18
imposed by the sentencing court, the term of post-release supervision19
shall be the minimum provided by law. 20
(c) If the court imposes more than one sentence upon an offender or21
imposes a sentence upon an offender who is at that time serving another22
sentence, the court shall state whether the sentences are to be23
concurrent or consecutive. 24
(d) If the offender has been sentenced to two or more determinate25
sentences and one or more terms of post-release supervision, the offender26
shall serve all determinate sentences before being released on post-27
release supervision. 28
Sec. 14. Section 29-2308, Reissue Revised Statutes of Nebraska, is29
amended to read: 30
29-2308 (1) In all criminal cases that now are or may hereafter be31
LB1020
2026
LB1020
2026
-18-
pending in the Court of Appeals or Supreme Court, the appellate court may1
reduce the sentence rendered by the district court against the accused2
when in its opinion the sentence is excessive, and it shall be the duty3
of the appellate court to render such sentence against the accused as in4
its opinion may be warranted by the evidence. 5
(2) No judgment shall be set aside, new trial granted, or judgment6
rendered in any criminal case on the grounds of misdirection of the jury7
or the improper admission or rejection of evidence or for error as to any8
matter of pleading or procedure if the appellate court, after an9
examination of the entire cause, considers that no substantial10
miscarriage of justice has actually occurred. 11
(2) In all criminal cases based on offenses subject to determinate12
sentencing under subsection (2) of section 29-2204.02, the appellate13
court may determine that a sentence is excessive because the district14
court did not provide substantial and compelling reasons for imposing a15
sentence other than probation. 16
Sec. 15. Section 29-4103, Reissue Revised Statutes of Nebraska, is17
amended to read: 18
29-4103 For purposes of the DNA Identification Information Act:19
(1) Combined DNA Index System means the Federal Bureau of20
Investigation's national DNA identification index system that allows the21
storage and exchange of DNA records submitted by state and local forensic22
DNA laboratories; 23
(2) DNA means deoxyribonucleic acid which is located in the cells24
and provides an individual's personal genetic blueprint. DNA encodes25
genetic information that is the basis of human heredity and forensic26
identification; 27
(3) DNA record means the DNA identification information stored in28
the State DNA Database or the Combined DNA Index System which is derived29
from DNA typing test results; 30
(4) DNA sample means a blood, tissue, or bodily fluid sample31
LB1020
2026
LB1020
2026
-19-
provided by any person covered by the DNA Identification Information Act1
for analysis or storage, or both; 2
(5) DNA typing tests means the laboratory procedures which evaluate3
the characteristics of a DNA sample which are of value in establishing4
the identity of an individual; 5
(6) Law enforcement agency includes a police department, a town6
marshal, a county sheriff, and the Nebraska State Patrol;7
(7) Other specified offense means: 8
(a) False misdemeanor stalking pursuant to sections 28-311.02 to9
28-311.05 or false imprisonment in the second degree pursuant to section10
28-315; or 11
(b) An an attempt, conspiracy, or solicitation to commit any of the12
following offenses: False stalking pursuant to sections 28-311.02 to13
28-311.05, false imprisonment in the first degree pursuant to section14
28-314, false imprisonment in the second degree pursuant to section15
28-315, knowing and intentional sexual abuse of a vulnerable adult or16
senior adult pursuant to subdivision (1)(c) of section 28-386, or a17
violation of the Sex Offender Registration Act pursuant to section18
29-4011; and 19
(8) Released means any release, parole, furlough, work release,20
prerelease, or release in any other manner from a prison, a jail, or any21
other detention facility or institution. 22
Sec. 16. Section 84-941.01, Reissue Revised Statutes of Nebraska, is23
amended to read: 24
84-941.01 Potentially disqualifying conviction includes a conviction25
for: 26
(1) Criminal attempt as provided in section 28-201, conspiracy as27
provided in section 28-202, or aiding and abetting as provided in section28
28-206, to commit an offense listed in this section;29
(2) Murder as provided in sections 28-303 or 28-304;30
(3) Manslaughter as provided in section 28-305;31
LB1020
2026
LB1020
2026
-20-
(4) Motor vehicle homicide as provided in section 28-306;1
(5) Assault in the first or second degree as provided in sections2
28-308 and 28-309; 3
(6) Terroristic threats as provided in section 28-311.01;4
(7) Stalking as provided in section 28-311.03;5
(8) A violation relating to mobile tracking devices under section 36
of this act; 7
(9) (8) Kidnapping as provided in section 28-313;8
(10) (9) False imprisonment as provided in sections 28-314 and9
28-315; 10
(11) (10) A sexual act subject to criminal penalties as provided in11
sections 28-317 to 28-322.05; 12
(12) (11) Domestic assault as provided in section 28-323;13
(13) (12) Robbery as provided in section 28-324;14
(14) (13) Arson as provided in sections 28-502, 28-503, and 28-504;15
(15) (14) Fraud subject to criminal penalties as provided in16
sections 28-505, 28-631, 28-638, 28-639, 28-640, and 28-935;17
(16) (15) Theft as provided in sections 28-511, 28-512, 28-513, and18
28-515; 19
(17) (16) Forgery as provided in sections 28-602 and 28-603;20
(18) (17) Incest as provided in section 28-703;21
(19) (18) Child abuse as provided in section 28-707;22
(20) (19) Human trafficking, labor trafficking, sex trafficking,23
labor trafficking of a minor, or sex trafficking of a minor as provided24
in section 28-831; 25
(21) (20) False reporting as provided in section 28-907;26
(22) Swatting under section 12 of this act; 27
(23) (21) Perjury as provided in section 28-915;28
(24) (22) Assault on an officer, an emergency responder, certain29
employees, or a health care professional in the first degree as provided30
in section 28-929; 31
LB1020
2026
LB1020
2026
-21-
(25) (23) Assault on an officer, an emergency responder, certain1
employees, or a health care professional in the second degree as provided2
in section 28-930; 3
(26) (24) Assault on an officer, an emergency responder, certain4
employees, or a health care professional in the third degree as provided5
in section 28-931; 6
(27) (25) Assault on an officer, an emergency responder, certain7
employees, or a health care professional using a motor vehicle as8
provided in section 28-931.01; 9
(28) (26) An offense that has as an element the threat to inflict10
serious bodily injury as defined in section 28-109 or death on another11
person, the intentional infliction of serious bodily injury as defined in12
section 28-109 on another person, or intentionally causing the death of13
another person; 14
(29) (27) An offense for which registration is required under the15
Sex Offender Registration Act; or 16
(30) (28) Any offense under the laws of another jurisdiction that is17
substantially equivalent to any of the offenses listed in this section.18
Sec. 17. Section 86-2,103, Reissue Revised Statutes of Nebraska, is19
amended to read: 20
86-2,103 (1) A district court may issue a warrant or other order for21
the installation of a mobile tracking device, and such order may22
authorize the use of that device within the jurisdiction of the court and23
outside that jurisdiction if the device is installed in that24
jurisdiction. 25
(2) For purposes of this section, mobile tracking device means any:26
(a) Electronic an electronic or mechanical device which permits the27
tracking of the movement of a person or object; or .28
(b) Software program installed on a person's electronic device which29
permits the tracking of the movement of a person or object.30
Sec. 18. Original sections 29-2204.02, 29-2308, 29-4103, 84-941.01,31
LB1020
2026
LB1020
2026
-22-
and 86-2,103, Reissue Revised Statutes of Nebraska, section 28-311.08,1
Revised Statutes Cumulative Supplement, 2024, and sections 28-101,2
28-311.02, 28-311.04, 28-1205, and 28-1206, Revised Statutes Supplement,3
2025, are repealed. 4
LB1020
2026
LB1020
2026
-23-