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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1123
Introduced by Bostar, 29.
Read first time January 16, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to public safety; to amend section 28-610,1
Reissue Revised Statutes of Nebraska, and section 28-1205, Revised2
Statutes Supplement, 2025; to provide protections for certain public3
safety personnel as prescribed; to define terms; to provide4
requirements relating to Brady-Giglio lists; to provide5
confidentiality for officers; to provide duties for prosecuting6
agencies and public safety agencies; to prohibit retaliation; to7
change the penalty for impersonating a peace officer; to harmonize8
provisions; to provide operative dates; to provide severability; and9
to repeal the original sections. 10
Be it enacted by the people of the State of Nebraska,11
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Section 1. For purposes of sections 1 to 11 of this act:1
(1) Brady-Giglio case law means Brady v. Maryland, 373 U.S. 832
(1963), and Giglio v. United States, 405 U.S. 150 (1972), and subsequent3
cases of the Supreme Court of the United States and the Supreme Court of4
Nebraska; 5
(2) Brady-Giglio list means a list compiled by a prosecuting agency6
containing the names and details of officers who are alleged to have7
impaired their own credibility, due to misconduct, bias, or otherwise,8
such that disclosure to a criminal defendant would be required under9
Brady-Giglio case law; 10
(3) Law enforcement agency has the same meaning as in section11
81-1401; 12
(4) Law enforcement officer has the same meaning as in section13
81-1401; 14
(5) Officer means: 15
(a) A law enforcement officer; or 16
(b) A correctional officer employed by a jail or by the Department17
of Correctional Services; 18
(6) Prosecuting agency means the Department of Justice, the office19
of a county attorney or city attorney, or a special prosecutor; and20
(7) Public safety agency means: 21
(a) A law enforcement agency; 22
(b) A city or county jail; 23
(c) The Department of Correctional Services; or24
(d) Any other agency of state or local government that employs25
officers. 26
Sec. 2. (1) An officer shall not be discharged, disciplined, or27
threatened with discharge or discipline, or subject to revocation or28
suspension of a certificate under sections 81-1401 to 81-1414.19, solely29
because a prosecuting agency has: 30
(a) Placed an officer on a Brady-Giglio list or determined that such31
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officer may be placed on such a list; or 1
(b) Disclosed to any person that an officer is on a Brady-Giglio2
list or under consideration to be placed on such a list.3
(2) This section does not prohibit a dismissal, suspension,4
demotion, or any other disciplinary action against an officer, or against5
a certificate issued under sections 81-1401 to 81-1414.19, based on the6
underlying action that resulted in such officer being placed on a Brady-7
Giglio list or being considered for placement on such list.8
Sec. 3. A prosecuting agency that maintains a Brady-Giglio list9
shall adopt a policy that, at a minimum, includes all of the following:10
(1) The criteria used by the prosecuting agency to place an11
officer's name on a Brady-Giglio list; 12
(2) The officer's right to receive written notice before the13
prosecuting agency places the officer's name on a Brady-Giglio list,14
including the proposed rationale for placing such officer's name on the15
list, and the officer's right to provide input to the prosecuting agency16
before the prosecuting agency makes a determination of whether the17
officer's name should be placed on a Brady-Giglio list;18
(3) The duty of the prosecuting agency to provide notice of the19
prosecuting agency's decision regarding placement of the officer's name20
on a Brady-Giglio list and the rationale for placing such officer's name21
on the list; 22
(4) The officer's right to request reconsideration of the23
prosecuting agency's determination to include the officer's name on a24
Brady-Giglio list and to submit supporting and corroborating documents25
and evidence in support of the officer's request for reconsideration; and26
(5) The applicable time frame and procedures for notifying the27
officer of the prosecuting agency's final decision on an officer's28
request for reconsideration. 29
Sec. 4. (1) Before a prosecuting agency places an officer's name on30
a Brady-Giglio list, the prosecuting agency shall send a written notice31
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by mail or email to the officer's current or last known employment1
address. Upon receipt of the notice, and if the officer's contact2
information is known, the officer's current or last known employer shall3
provide the written notice to the officer. The written notice shall4
include, at a minimum, all of the following: 5
(a) A notice that the officer's name may be placed on a Brady-Giglio6
list and the proposed rationale for placing such officer's name on the7
list; 8
(b) An explanation of the officer's right to request any document,9
record, or other evidence in the possession of the prosecuting agency10
relevant to the determination of whether the officer's name should be11
placed on a Brady-Giglio list; 12
(c) An explanation of the officer's right to provide input to the13
prosecuting agency prior to the prosecuting agency's determination of14
whether the officer's name should be placed on a Brady-Giglio list;15
(d) An explanation of the prosecuting agency's procedural16
requirements for an officer to provide input to the prosecuting agency17
prior to the prosecuting agency's determination of whether the officer's18
name should be placed on a Brady-Giglio list; and 19
(e) Notice of the procedures the prosecuting agency uses to20
determine what evidence is exculpatory evidence that must be disclosed to21
a criminal defendant under Brady-Giglio case law and the procedures the22
prosecuting agency will use to determine whether such evidence will be23
admissible for the purposes of a challenge to the testimony of the24
officer. 25
(2) If the prosecuting agency makes a determination to place the26
officer's name on a Brady-Giglio list, the prosecuting agency shall send27
a written notice by mail or email to the officer's current or last known28
employment address. Upon receipt of the notice, and if the officer's29
contact information is known, the officer's current or last known30
employer shall provide the written notice to the officer. The written31
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notice shall include, at a minimum, all of the following:1
(a) An explanation of the officer's right to request reconsideration2
of the allegations and the placement of the officer's name on a Brady-3
Giglio list; 4
(b) An explanation of the prosecuting agency's procedural5
requirements for submitting a request for reconsideration, including the6
method and time frame for submitting the request and any supporting and7
corroborating documents and evidence from any pertinent sources; and8
(c) A statement that, if the officer intends to make a request for9
reconsideration, the officer shall submit a written request for10
reconsideration to the prosecuting agency within ten business days after11
receiving the notice. 12
(3) If an officer submits a request for reconsideration pursuant to13
this section and the officer's request for reconsideration is approved by14
the prosecuting agency on its merits, the prosecuting agency shall remove15
the officer's name from the Brady-Giglio list. 16
Sec. 5. (1) On or before November 1, 2026, each prosecuting agency17
that maintains a Brady-Giglio list shall: 18
(a) Identify each officer who (i) was placed on such list prior to19
the operative date of this section and (ii) who is still employed as an20
officer; and 21
(b) Send a written notice by mail or email to the officer's current22
or last known employment address. Upon receipt of the notice, and if the23
officer's contact information is known, the officer's current or last24
known employer shall provide the written notice to the officer.25
(2) The written notice shall include, at a minimum, all of the26
following: 27
(a) An explanation of the officer's right to make a request to28
reconsider any allegation and the placement of the officer's name on a29
Brady-Giglio list; 30
(b) An explanation of the prosecuting agency's procedural31
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requirements for submitting a request for reconsideration, including the1
method and time frame for submitting the request for reconsideration and2
any supporting or corroborating document and evidence from any pertinent3
source; and 4
(c) A statement that, if the officer intends to make a request for5
reconsideration, the officer shall submit the written request for6
reconsideration to the prosecuting agency within ten business days after7
receiving the notice. 8
(3) An officer described in subsection (1) of this section who9
wishes to submit a request for reconsideration pursuant to this section10
shall do so within ten business days after receiving such notice. If such11
notice is not provided or is not received by the officer, the officer may12
submit such a request for reconsideration on or before February 1, 2028.13
Sec. 6. Sections 1 to 8 of this act shall not limit or restrict a14
prosecuting agency's ability to remove an officer's name from a Brady-15
Giglio list if, upon receipt of additional supporting or corroborating16
information or a change in any factual circumstance at any time, the17
prosecuting agency determines that the officer's name no longer requires18
placement on a Brady-Giglio list. 19
Sec. 7. Sections 1 to 8 of this act shall not limit the duty of a20
prosecuting agency to produce Brady-Giglio discovery evidence in all21
cases otherwise required by law, including after the initial placement of22
the officer's name on a Brady-Giglio list, while the decision or a23
request for reconsideration is still under consideration.24
Sec. 8. (1) An officer aggrieved by a prosecuting agency's decision25
to deny the officer's request for reconsideration under section 4 or 5 of26
this act may file a petition in the district court seeking review of such27
decision. 28
(2) The court shall have jurisdiction over the review of the29
prosecuting agency's decision. The court shall perform an in camera30
review of the evidence and may hold a closed hearing upon the request of31
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the officer or prosecuting agency, or upon the court's own motion.1
(3) Subject to the requirements of subsection (4) of this section,2
the court may affirm, modify, or reverse a prosecuting agency's decision,3
and issue any order or provide relief as justice may require, including4
ordering the removal of the officer from a Brady-Giglio list.5
(4) The court shall only modify or reverse a prosecuting agency's6
decision to the extent that the court finds there is no reasonable basis7
for concern that the information or actions of the officer that served as8
the rationale for the placement of the officer on the Brady-Giglio list9
will be material to the issues in any criminal case.10
(5) A determination by a court that an officer should be removed11
from a Brady-Giglio list shall not prevent a prosecuting agency from12
making disclosures in individual cases that the prosecuting agency13
believes to be necessary under Brady-Giglio case law.14
(6) Evidence presented to the court under this section shall be15
provided under seal and kept confidential unless otherwise provided by16
law and ordered by the district court. 17
Sec. 9. (1) A public safety agency shall not publicly release an18
officer's official photograph without the written permission of the19
officer or his or her personal representative or without a request20
pursuant to section 84-712. 21
(2) An officer's personal information, including, but not limited22
to, the officer's home address, personal telephone number, personal email23
address, date of birth, social security number, and operator's license24
number shall be confidential and shall be redacted from any record prior25
to the record's release to the public by the employing public safety26
agency. 27
(3) Nothing in this section prohibits the release of an officer's28
photograph or unredacted personal information to the officer's legal29
counsel, union representative, or designated employee representative upon30
the request of the officer or his or her personal representative or legal31
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counsel. 1
Sec. 10. An officer shall not be discharged, disciplined, or2
threatened with discharge or discipline, or subject to revocation or3
suspension of a certificate under sections 81-1401 to 81-1414.19, in4
retaliation for exercising the rights of the officer enumerated in5
sections 1 to 9 of this act. 6
Sec. 11. The rights enumerated in sections 1 to 9 of this act are7
in addition to any other rights granted pursuant to a collective8
bargaining agreement or other law. 9
Sec. 12. Section 28-610, Reissue Revised Statutes of Nebraska, is10
amended to read: 11
28-610 (1) A person commits the offense of impersonating a peace12
officer if he falsely pretends to be a peace officer and performs any act13
in that pretended capacity. 14
(2) Impersonating a peace officer is a Class IV felony I15
misdemeanor. 16
Sec. 13. Section 28-1205, Revised Statutes Supplement, 2025, is17
amended to read: 18
28-1205 (1)(a) Any person who uses a firearm, a knife, brass or iron19
knuckles, or any other deadly weapon to commit any felony which may be20
prosecuted in a court of this state commits the offense of use of a21
deadly weapon to commit a felony. 22
(b) Use of a deadly weapon, other than a firearm, to commit a felony23
is a Class II felony. 24
(c) Use of a deadly weapon, which is a firearm, to commit a felony25
is a Class IC felony. 26
(2)(a) Any person who possesses a firearm, a knife, brass or iron27
knuckles, or a destructive device during the commission of any felony28
which may be prosecuted in a court of this state commits the offense of29
possession of a deadly weapon during the commission of a felony.30
(b) Possession of a deadly weapon, other than a firearm, during the31
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commission of a felony is a Class III felony. 1
(c) Possession of a deadly weapon, which is a firearm, during the2
commission of a felony is a Class II felony. 3
(3)(a) Any person who carries a firearm or a destructive device4
during the commission of a dangerous misdemeanor commits the offense of5
carrying a firearm or destructive device during the commission of a6
dangerous misdemeanor. 7
(b) A violation of this subsection is a: 8
(i) Class I misdemeanor for a first or second offense; and9
(ii) A Class IV felony for any third or subsequent offense.10
(4) A violation of this section shall be treated as a separate and11
distinct offense from the underlying crimes being committed, and a12
sentence imposed under this section shall be consecutive to any other13
sentence imposed. 14
(5) Possession of a deadly weapon may be proved through evidence15
demonstrating either actual or constructive possession of a firearm, a16
knife, brass or iron knuckles, or a destructive device during,17
immediately prior to, or immediately after the commission of a felony.18
(6) For purposes of this section: 19
(a) Dangerous misdemeanor means a misdemeanor violation of any of20
the following offenses: 21
(i) Stalking under section 28-311.03; 22
(ii) Knowing violation of any protection order issued under the23
Protection Orders Act; 24
(iii) Domestic assault under section 28-323; 25
(iv) Assault of an unborn child in the third degree under section26
28-399; 27
(v) Theft by shoplifting under section 28-511.01;28
(vi) Unauthorized use of a propelled vehicle under section 28-516;29
(vii) Criminal mischief under section 28-519 if such violation30
arises from an incident involving the commission of a misdemeanor crime31
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of domestic violence; 1
(viii) Impersonating a police officer under section 28-610;2
(viii) (ix) Resisting arrest under section 28-904;3
(ix) (x) Operating a motor vehicle or vessel to avoid arrest under4
section 28-905; 5
(x) (xi) Obstructing a peace officer under section 28-906; or6
(xi) (xii) Any attempt under section 28-201 to commit an offense7
described in subdivisions (6)(a)(i) through (x) (xi) of this section;8
(b) Destructive device has the same meaning as in section 28-1213;9
(c) Misdemeanor crime of domestic violence has the same meaning as10
in section 28-1206; and 11
(d) Use of a deadly weapon includes the discharge, employment, or12
visible display of any part of a firearm, a knife, brass or iron13
knuckles, any other deadly weapon, or a destructive device during,14
immediately prior to, or immediately after the commission of a felony or15
communication to another indicating the presence of a firearm, a knife,16
brass or iron knuckles, any other deadly weapon, or a destructive device17
during, immediately prior to, or immediately after the commission of a18
felony, regardless of whether such firearm, knife, brass or iron19
knuckles, deadly weapon, or destructive device was discharged, actively20
employed, or displayed. 21
Sec. 14. Sections 1 to 11 of this act become operative on October22
1, 2026. The other sections of this act become operative on their23
effective date. 24
Sec. 15. If any section in this act or any part of any section is25
declared invalid or unconstitutional, the declaration shall not affect26
the validity or constitutionality of the remaining portions.27
Sec. 16. Original section 28-610, Reissue Revised Statutes of28
Nebraska, and section 28-1205, Revised Statutes Supplement, 2025, are29
repealed. 30
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