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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1079
Introduced by von Gillern, 4.
Read first time January 15, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to criminal procedure; to amend section1
29-2221, Revised Statutes Supplement, 2025; to change provisions2
relating to the habitual criminal enhancement for theft offenses; to3
harmonize provisions; and to repeal the original section.4
Be it enacted by the people of the State of Nebraska,5
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Section 1. Section 29-2221, Revised Statutes Supplement, 2025, is1
amended to read: 2
29-2221 (1) Whoever has been twice convicted of a crime, sentenced,3
and committed to prison, in this or any other state or by the United4
States or once in this state and once at least in any other state or by5
the United States, for terms of not less than one year each shall, upon6
conviction of a felony committed in this state, be deemed to be a7
habitual criminal and shall be punished by imprisonment in a Department8
of Correctional Services adult correctional facility for a mandatory9
minimum term of ten years and a maximum term of not more than sixty10
years, except that: 11
(a) If the felony committed is in violation of section 28-303,12
28-304, 28-308, 28-313, 28-319, 28-319.01, 28-502, 28-929, or 28-1222,13
and at least one of the habitual criminal's prior felony convictions was14
for a violation of one of the sections listed in this subdivision or of a15
similar statute in another state or of the United States, the mandatory16
minimum term shall be twenty-five years and the maximum term not more17
than sixty years; 18
(b) If the felony committed is in violation of subsection (3) of19
section 28-306 and at least one of the prior convictions is in violation20
of subsection (3) of section 28-306 and the other is in violation of one21
of the sections set forth in subdivision (a) of this subsection or if the22
felony committed is in violation of one of the sections set forth in23
subdivision (a) of this subsection and both of the prior convictions are24
in violation of subsection (3) of section 28-306, the mandatory minimum25
term shall be twenty-five years and the maximum term not more than sixty26
years; 27
(c) If the felony committed is in violation of subsection (3) of28
section 28-416 or in violation of sections 28-509 to 28-518 and all of29
the habitual criminal's prior felony convictions are also violations of30
such subsection or sections or of a similar statute in another state or31
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of the United States, the mandatory minimum term shall be three years and1
the maximum term not more than twenty years; and 2
(d) If the felony committed is in violation of sections 28-509 to3
28-518 and two or more of the habitual criminal's prior felony4
convictions are also violations of such sections or of similar statutes5
in another state or of the United States, the mandatory minimum shall be6
three years and the maximum term not more than twenty years. The7
enhancement provided for in this subdivision (1)(d) shall apply even if8
one or more of such prior convictions did not result in any term of9
imprisonment; and 10
(e) (d) If a greater punishment is otherwise provided by statute,11
the law creating the greater punishment shall govern.12
(2) When punishment of an accused as a habitual criminal is sought,13
the facts with reference thereto shall be charged in the indictment or14
information which contains the charge of the felony upon which the15
accused is prosecuted, but the fact that the accused is charged with16
being a habitual criminal shall not be an issue upon the trial of the17
felony charge and shall not in any manner be disclosed to the jury. If18
the accused is convicted of a felony, before sentence is imposed a19
hearing shall be had before the court alone as to whether such person has20
been previously convicted of prior felonies. The court shall fix a time21
for the hearing and notice thereof shall be given to the accused at least22
three days prior thereto. At the hearing, if the court finds from the23
evidence submitted that the accused has been convicted two or more times24
of felonies and sentences imposed therefor by the courts of this or any25
other state or by the United States, the court shall sentence such person26
so convicted as a habitual criminal. 27
(3) If the person so convicted shows to the satisfaction of the28
court before which the conviction was had that he or she was released29
from imprisonment upon either of such sentences upon a pardon granted for30
the reason that he or she was innocent, such conviction and sentence31
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shall not be considered as such under this section and section 29-2222.1
Sec. 2. Original section 29-2221, Revised Statutes Supplement,2
2025, is repealed. 3
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