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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1169
Introduced by Wordekemper, 15.
Read first time January 21, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to crimes and offenses; to amend section1
84-941.01, Reissue Revised Statutes of Nebraska, sections 28-115,2
28-929, 28-929.01, 28-929.02, 28-930, 28-931, 28-934, and 28-1351,3
Revised Statutes Cumulative Supplement, 2024, and sections 28-101,4
28-1354, and 29-2221, Revised Statutes Supplement, 2025; to prohibit5
assault on a court operations officer; to change and eliminate6
provisions and penalties relating to offenses involving assault on7
an officer, emergency responder, certain employees, or a health care8
professional; to define and redefine terms; to harmonize provisions;9
to repeal the original sections; and to outright repeal section10
28-931.01, Revised Statutes Cumulative Supplement, 2024.11
Be it enacted by the people of the State of Nebraska,12
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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 3 to 7 of this act shall be known and may be cited as the4
Nebraska Criminal Code. 5
Sec. 2. Section 28-115, Revised Statutes Cumulative Supplement,6
2024, is amended to read: 7
28-115 (1) Except as provided in subsection (2) of this section, any8
person who commits any of the following criminal offenses against a9
pregnant woman shall be punished by the imposition of the next higher10
penalty classification than the penalty classification prescribed for the11
criminal offense: 12
(a) Assault in the first degree, section 28-308;13
(b) Assault in the second degree, section 28-309;14
(c) Assault in the third degree, section 28-310;15
(d) Assault by strangulation or suffocation, section 28-310.01;16
(e) Sexual assault in the first degree, section 28-319;17
(f) Sexual assault in the second or third degree, section 28-320;18
(g) Sexual assault of a child in the first degree, section19
28-319.01; 20
(h) Sexual assault of a child in the second or third degree, section21
28-320.01; 22
(i) Sexual abuse of an inmate or parolee in the first degree,23
section 28-322.02; 24
(j) Sexual abuse of an inmate or parolee in the second degree,25
section 28-322.03; 26
(k) Sexual abuse of a protected individual in the first or second27
degree, section 28-322.04; 28
(l) Sexual abuse of a detainee under section 28-322.05;29
(m) Domestic assault in the first, second, or third degree, section30
28-323; 31
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(n) Assault on a public safety officer or health care professional1
in the first degree, section 4 of this act; an officer, an emergency2
responder, a state correctional employee, a Department of Health and3
Human Services employee, or a health care professional in the first4
degree, section 28-929; 5
(o) Assault on a public safety officer or health care professional6
in the second degree, section 5 of this act; an officer, an emergency7
responder, a state correctional employee, a Department of Health and8
Human Services employee, or a health care professional in the second9
degree, section 28-930; 10
(p) Assault on a public safety officer or health care professional11
in the third degree, section 6 of this act; an officer, an emergency12
responder, a state correctional employee, a Department of Health and13
Human Services employee, or a health care professional in the third14
degree, section 28-931; 15
(q) Assault on an officer, an emergency responder, a state16
correctional employee, a Department of Health and Human Services17
employee, or a health care professional using a motor vehicle, section18
28-931.01; 19
(q) (r) Assault by a confined person, section 28-932;20
(r) (s) Confined person committing offenses against another person,21
section 28-933; and 22
(s) (t) Proximately causing serious bodily injury while operating a23
motor vehicle, section 60-6,198. 24
(2) The enhancement in subsection (1) of this section does not apply25
to any criminal offense listed in subsection (1) of this section that is26
already punishable as a Class I, IA, or IB felony. If any criminal27
offense listed in subsection (1) of this section is punishable as a Class28
I misdemeanor, the penalty under this section is a Class IIIA felony.29
(3) The prosecution shall allege and prove beyond a reasonable doubt30
that the victim was pregnant at the time of the offense.31
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Sec. 3. Section 28-929.01, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
28-929.01 For purposes of sections 3 to 7 of this act 28-929,3
28-929.02, 28-930, 28-931, and 28-931.01: 4
(1) Court operations officer means any non-sworn person employed by5
a county, court, or judicial district whose primary responsibility6
includes physical interaction with the public to: 7
(a) Provide security screening at entrances to courthouses, judicial8
facilities, or other buildings housing judicial operations;9
(b) Serve civil process, writs, orders, or protection orders on10
behalf of a court; or 11
(c) Maintain security and safety within courthouses, judicial12
facilities, or during judicial proceedings; 13
(2) (1) Emergency care provider means (a) an emergency medical14
responder; (b) an emergency medical technician; (c) an advanced emergency15
medical technician; (d) a community paramedic; (e) a critical care16
paramedic; or (f) a paramedic, as those persons are licensed and17
classified under the Emergency Medical Services Practice Act;18
(3) (2) Health care professional means a physician or other health19
care practitioner who is licensed, certified, or registered to perform20
specified health services consistent with state law who practices at a21
hospital or a health clinic; 22
(4) (3) Health clinic has the definition found in section 71-416;23
and 24
(5) (4) Hospital has the definition found in section 71-419; and .25
(6) Public safety officer means: 26
(a) A peace officer; 27
(b) A probation officer; 28
(c) A court operations officer; 29
(d) A firefighter; 30
(e) An emergency care provider; 31
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(f) An employee of the Department of Correctional Services; or1
(g) An employee of the Department of Health and Human Services if2
the person committing the offense is committed as a dangerous sex3
offender under the Sex Offender Commitment Act. 4
Sec. 4. Section 28-929, Revised Statutes Cumulative Supplement,5
2024, is amended to read: 6
28-929 (1) A person commits the offense of assault on an officer, an7
emergency responder, a state correctional employee, a Department of8
Health and Human Services employee, or a public safety officer or health9
care professional in the first degree if such person intentionally or10
knowingly causes serious bodily injury to a: 11
(a) Public safety officer while such officer is engaged in the12
performance of the officer's official duties; or 13
(b) Health care professional while such professional is on duty at a14
hospital or health clinic. 15
(a) He or she intentionally or knowingly causes serious bodily16
injury: 17
(i) To a peace officer, a probation officer, a firefighter, an18
emergency care provider, or an employee of the Department of Correctional19
Services; 20
(ii) To an employee of the Department of Health and Human Services21
if the person committing the offense is committed as a dangerous sex22
offender under the Sex Offender Commitment Act; or23
(iii) To a health care professional; and 24
(b) The offense is committed while such officer, firefighter,25
emergency care provider, or employee is engaged in the performance of his26
or her official duties or while the health care professional is on duty27
at a hospital or a health clinic. 28
(2) A violation of this section is Assault on an officer, an29
emergency responder, a state correctional employee, a Department of30
Health and Human Services employee, or a health care professional in the31
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first degree shall be a Class ID felony. 1
Sec. 5. Section 28-930, Revised Statutes Cumulative Supplement,2
2024, is amended to read: 3
28-930 (1) A person commits the offense of assault on an officer, an4
emergency responder, a state correctional employee, a Department of5
Health and Human Services employee, or a public safety officer or health6
care professional in the second degree if such person:7
(a) Intentionally, knowingly, or recklessly causes bodily injury to8
a public safety officer or health care professional with a dangerous9
instrument; and 10
(b) Such offense is committed while such: 11
(i) Public safety officer is engaged in the performance of the12
officer's official duties; or 13
(ii) Health care professional is on duty at a hospital or health14
clinic. 15
(a) He or she: 16
(i) Intentionally or knowingly causes bodily injury with a dangerous17
instrument: 18
(A) To a peace officer, a probation officer, a firefighter, an19
emergency care provider, or an employee of the Department of Correctional20
Services; 21
(B) To an employee of the Department of Health and Human Services if22
the person committing the offense is committed as a dangerous sex23
offender under the Sex Offender Commitment Act; or24
(C) To a health care professional; or 25
(ii) Recklessly causes bodily injury with a dangerous instrument:26
(A) To a peace officer, a probation officer, a firefighter, an27
emergency care provider, or an employee of the Department of Correctional28
Services; 29
(B) To an employee of the Department of Health and Human Services if30
the person committing the offense is committed as a dangerous sex31
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offender under the Sex Offender Commitment Act; or 1
(C) To a health care professional; and 2
(b) The offense is committed while such officer, firefighter,3
emergency care provider, or employee is engaged in the performance of his4
or her official duties or while the health care professional is on duty5
at a hospital or a health clinic. 6
(2) A violation of this section is Assault on an officer, an7
emergency responder, a state correctional employee, a Department of8
Health and Human Services employee, or a health care professional in the9
second degree shall be a Class II felony. 10
Sec. 6. Section 28-931, Revised Statutes Cumulative Supplement,11
2024, is amended to read: 12
28-931 (1) A person commits the offense of assault on an officer, an13
emergency responder, a state correctional employee, a Department of14
Health and Human Services employee, or a public safety officer or health15
care professional in the third degree if such person intentionally,16
knowingly, or recklessly causes bodily injury to a:17
(a) Public safety officer while such officer is engaged in the18
performance of the officer's official duties; or 19
(b) Health care professional while such professional is on duty at a20
hospital or health clinic. 21
(a) He or she intentionally, knowingly, or recklessly causes bodily22
injury: 23
(i) To a peace officer, a probation officer, a firefighter, an24
emergency care provider, or an employee of the Department of Correctional25
Services; 26
(ii) To an employee of the Department of Health and Human Services27
if the person committing the offense is committed as a dangerous sex28
offender under the Sex Offender Commitment Act; or29
(iii) To a health care professional; and 30
(b) The offense is committed while such officer, firefighter,31
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emergency care provider, or employee is engaged in the performance of his1
or her official duties or while the health care professional is on duty2
at a hospital or a health clinic. 3
(2) A violation of this section is Assault on an officer, an4
emergency responder, a state correctional employee, a Department of5
Health and Human Services employee, or a health care professional in the6
third degree shall be a Class IIIA felony. 7
Sec. 7. Section 28-934, Revised Statutes Cumulative Supplement,8
2024, is amended to read: 9
28-934 (1) A person commits an offense if such person:10
(a) Knowingly or intentionally strikes a public safety officer or11
health care professional with a bodily fluid; and 12
(b) Such offense is committed while such: 13
(i) Public safety officer is engaged in the performance of the14
officer's official duties; or 15
(ii) Health care professional is on duty at a hospital or health16
clinic. 17
(1) Any person who knowingly and intentionally strikes any public18
safety officer with any bodily fluid is guilty of assault with a bodily19
fluid against a public safety officer. 20
(2) Except as provided in subsection (3) of this section, a21
violation of this section assault with a bodily fluid against a public22
safety officer is a Class I misdemeanor. 23
(3) A violation of this section Assault with a bodily fluid against24
a public safety officer is a Class IIIA felony if the person committing25
the offense strikes with a bodily fluid the eyes, mouth, or skin of a26
public safety officer or health care professional and knew the source of27
the bodily fluid was infected with the human immunodeficiency virus,28
hepatitis B, or hepatitis C at the time the offense was committed.29
(4) Upon a showing of probable cause by affidavit to a judge of this30
state that an offense under as defined in subsection (1) of this section31
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has been committed and that identifies the probable source of the bodily1
fluid or bodily fluids used to commit the offense, the judge shall grant2
an order or issue a search warrant authorizing the collection of any3
evidence, including any bodily fluid or medical records or the4
performance of any medical or scientific testing or analysis, that may5
assist with the determination of whether or not the person committing the6
offense or the person from whom the person committing the offense7
obtained the bodily fluid or bodily fluids is infected with the human8
immunodeficiency virus, hepatitis B, or hepatitis C.9
(5) As used in this section: 10
(a) Bodily fluid means any naturally produced secretion or waste11
product generated by the human body and shall include, but not be limited12
to, any quantity of human blood, urine, saliva, mucus, vomitus, seminal13
fluid, or feces; and 14
(b) Public safety officer has the same meaning as in section 3 of15
this act, but as used in this section, also includes an employee of a:16
includes any of the following persons who are engaged in the performance17
of their official duties at the time of the offense: A peace officer; a18
probation officer; a firefighter; an emergency care provider as defined19
in section 28-929.01; a health care professional as defined in section20
28-929.01; an employee of a county, 21
(i) County, city, or village jail; an employee of the Department of22
Correctional Services; an employee of the secure 23
(ii) Secure youth confinement facility operated by the Department of24
Correctional Services, if the person committing the offense is committed25
to such facility; or 26
(iii) Youth rehabilitation and treatment center. an employee of a27
youth rehabilitation and treatment center; or an employee of the28
Department of Health and Human Services if the person committing the29
offense is committed as a dangerous sex offender under the Sex Offender30
Commitment Act. 31
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Sec. 8. Section 28-929.02, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
28-929.02 Every hospital and health clinic shall display at all3
times in a prominent place a printed sign with a minimum height of twenty4
inches and a minimum width of fourteen inches, with each letter to be a5
minimum of one-fourth inch in height, which shall read as follows:6
WARNING: ASSAULTING A HEALTH CARE PROFESSIONAL WHO IS ENGAGED IN THE7
PERFORMANCE OF HIS OR HER OFFICIAL DUTIES, INCLUDING STRIKING A HEALTH8
CARE PROFESSIONAL WITH ANY BODILY FLUID, IS A SERIOUS CRIME WHICH MAY BE9
PUNISHABLE AS A FELONY. 10
Sec. 9. Section 28-1351, Revised Statutes Cumulative Supplement,11
2024, is amended to read: 12
28-1351 (1) A person commits the offense of unlawful membership13
recruitment into an organization or association when he or she knowingly14
and intentionally coerces, intimidates, threatens, or inflicts bodily15
harm upon another person in order to entice that other person to join or16
prevent that other person from leaving any organization, group,17
enterprise, or association whose members, individually or collectively,18
engage in or have engaged in any of the following criminal acts for the19
benefit of, at the direction of, or on behalf of the organization, group,20
enterprise, or association or any of its members: 21
(a) Robbery under section 28-324; 22
(b) Arson in the first, second, or third degree under section23
28-502, 28-503, or 28-504, respectively; 24
(c) Burglary under section 28-507; 25
(d) Murder in the first degree, murder in the second degree, or26
manslaughter under section 28-303, 28-304, or 28-305, respectively;27
(e) Violations of the Uniform Controlled Substances Act that involve28
possession with intent to deliver, distribution, delivery, or manufacture29
of a controlled substance; 30
(f) Unlawful use, possession, or discharge of a firearm or other31
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deadly weapon under sections 28-1201 to 28-1212.04;1
(g) Assault in the first degree or assault in the second degree2
under section 28-308 or 28-309, respectively; 3
(h) Assault on an officer, an emergency responder, a state4
correctional employee, a Department of Health and Human Services5
employee, or a public safety officer or health care professional in the6
first, second, or third degree under section 4, 5, or 6 of this act7
28-929, 28-930, or 28-931, respectively , or assault on an officer, an8
emergency responder, a state correctional employee, a Department of9
Health and Human Services employee, or a health care professional using a10
motor vehicle under section 28-931.01; 11
(i) Theft by unlawful taking or disposition under section 28-511;12
(j) Theft by receiving stolen property under section 28-517;13
(k) Theft by deception under section 28-512; 14
(l) Theft by extortion under section 28-513; 15
(m) Kidnapping under section 28-313; 16
(n) Any forgery offense under sections 28-602 to 28-605;17
(o) Criminal impersonation under section 28-638;18
(p) Tampering with a publicly exhibited contest under section19
28-614; 20
(q) Unauthorized use of a financial transaction device or criminal21
possession of a financial transaction device under section 28-620 or22
28-621, respectively; 23
(r) Pandering under section 28-802; 24
(s) Bribery, bribery of a witness, or bribery of a juror under25
section 28-917, 28-918, or 28-920, respectively; 26
(t) Tampering with a witness or an informant or jury tampering under27
section 28-919; 28
(u) Unauthorized application of graffiti under section 28-524;29
(v) Dogfighting, cockfighting, bearbaiting, or pitting an animal30
against another under section 28-1005; or 31
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(w) Promoting gambling in the first degree under section 28-1102.1
(2) Unlawful membership recruitment into an organization or2
association is a Class IV felony. 3
Sec. 10. Section 28-1354, Revised Statutes Supplement, 2025, is4
amended to read: 5
28-1354 For purposes of the Public Protection Act:6
(1) Enterprise means any individual, sole proprietorship,7
partnership, corporation, trust, association, or any legal entity, union,8
or group of individuals associated in fact although not a legal entity,9
and shall include illicit as well as licit enterprises as well as other10
entities; 11
(2) Pattern of racketeering activity means a cumulative loss for one12
or more victims or gains for the enterprise of not less than one thousand13
five hundred dollars resulting from at least two acts of racketeering14
activity, one of which occurred after August 30, 2009, and the last of15
which occurred within ten years, excluding any period of imprisonment,16
after the commission of a prior act of racketeering activity;17
(3) Until January 1, 2017, person means any individual or entity, as18
defined in section 21-2014, holding or capable of holding a legal,19
equitable, or beneficial interest in property. Beginning January 1, 2017,20
person means any individual or entity, as defined in section 21-214,21
holding or capable of holding a legal, equitable, or beneficial interest22
in property; 23
(4) Prosecutor includes the Attorney General of the State of24
Nebraska, the deputy attorney general, assistant attorneys general, a25
county attorney, a deputy county attorney, or any person so designated by26
the Attorney General, a county attorney, or a court of the state to carry27
out the powers conferred by the act; 28
(5) Racketeering activity includes the commission of, criminal29
attempt to commit, conspiracy to commit, aiding and abetting in the30
commission of, aiding in the consummation of, acting as an accessory to31
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the commission of, or the solicitation, coercion, or intimidation of1
another to commit or aid in the commission of any of the following:2
(a) Offenses against the person which include: Murder in the first3
degree under section 28-303; murder in the second degree under section4
28-304; manslaughter under section 28-305; assault in the first degree5
under section 28-308; assault in the second degree under section 28-309;6
assault in the third degree under section 28-310; terroristic threats7
under section 28-311.01; kidnapping under section 28-313; false8
imprisonment in the first degree under section 28-314; false imprisonment9
in the second degree under section 28-315; sexual assault in the first10
degree under section 28-319; and robbery under section 28-324;11
(b) Offenses relating to controlled substances which include: To12
unlawfully manufacture, distribute, deliver, dispense, or possess with13
intent to manufacture, distribute, deliver, or dispense a controlled14
substance under subsection (1) of section 28-416; possession of marijuana15
weighing more than one pound under subsection (12) of section 28-416;16
possession of money used or intended to be used to facilitate a violation17
of subsection (1) of section 28-416 prohibited under subsection (17) of18
section 28-416; any violation of section 28-418; to unlawfully19
manufacture, distribute, deliver, or possess with intent to distribute or20
deliver an imitation controlled substance under section 28-445;21
possession of anhydrous ammonia with the intent to manufacture22
methamphetamine under section 28-451; and possession of ephedrine,23
pseudoephedrine, or phenylpropanolamine with the intent to manufacture24
methamphetamine under section 28-452; 25
(c) Offenses against property which include: Arson in the first26
degree under section 28-502; arson in the second degree under section27
28-503; arson in the third degree under section 28-504; burglary under28
section 28-507; theft by unlawful taking or disposition under section29
28-511; theft by shoplifting under section 28-511.01; theft by deception30
under section 28-512; theft by extortion under section 28-513; theft of31
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services under section 28-515; theft by receiving stolen property under1
section 28-517; criminal mischief under section 28-519; and unlawfully2
depriving or obtaining property or services using a computer under3
section 28-1344; 4
(d) Offenses involving fraud which include: Burning to defraud an5
insurer under section 28-505; forgery in the first degree under section6
28-602; forgery in the second degree under section 28-603; criminal7
possession of a forged instrument under section 28-604; criminal8
possession of written instrument forgery devices under section 28-605;9
criminal impersonation under section 28-638; identity theft under section10
28-639; identity fraud under section 28-640; false statement or book11
entry under section 28-612; tampering with a publicly exhibited contest12
under section 28-614; issuing a false financial statement for purposes of13
obtaining a financial transaction device under section 28-619;14
unauthorized use of a financial transaction device under section 28-620;15
criminal possession of a financial transaction device under section16
28-621; unlawful circulation of a financial transaction device in the17
first degree under section 28-622; unlawful circulation of a financial18
transaction device in the second degree under section 28-623; criminal19
possession of a blank financial transaction device under section 28-624;20
criminal sale of a blank financial transaction device under section21
28-625; criminal possession of a financial transaction forgery device22
under section 28-626; unlawful manufacture of a financial transaction23
device under section 28-627; laundering of sales forms under section24
28-628; unlawful acquisition of sales form processing services under25
section 28-629; unlawful factoring of a financial transaction device26
under section 28-630; and fraudulent insurance acts under section 28-631;27
(e) Offenses involving governmental operations which include: Abuse28
of public records under section 28-911; perjury or subornation of perjury29
under section 28-915; bribery under section 28-917; bribery of a witness30
under section 28-918; tampering with a witness or informant or jury31
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tampering under section 28-919; bribery of a juror under section 28-920;1
assault on a public safety officer or health care professional in the2
first, second, or third degree under section 4, 5, or 6 of this act;3
assault on an officer, an emergency responder, a state correctional4
employee, a Department of Health and Human Services employee, or a health5
care professional in the first degree under section 28-929; assault on an6
officer, an emergency responder, a state correctional employee, a7
Department of Health and Human Services employee, or a health care8
professional in the second degree under section 28-930; assault on an9
officer, an emergency responder, a state correctional employee, a10
Department of Health and Human Services employee, or a health care11
professional in the third degree under section 28-931; and assault on an12
officer, an emergency responder, a state correctional employee, a13
Department of Health and Human Services employee, or a health care14
professional using a motor vehicle under section 28-931.01;15
(f) Offenses involving gambling which include: Promoting gambling in16
the first degree under section 28-1102; possession of gambling records17
under section 28-1105; gambling debt collection under section 28-1105.01;18
and possession of a gambling device under section 28-1107;19
(g) Offenses relating to firearms, weapons, and explosives which20
include: Carrying a concealed weapon under section 28-1202;21
transportation or possession of machine guns, short rifles, or short22
shotguns under section 28-1203; unlawful possession of a handgun under23
section 28-1204; unlawful transfer of a firearm to a juvenile under24
section 28-1204.01; possession of a firearm by a prohibited juvenile25
offender under section 28-1204.05; using a deadly weapon to commit a26
felony, possession of a deadly weapon during the commission of a felony,27
or carrying a firearm or destructive device during the commission of a28
dangerous misdemeanor under section 28-1205; possession of a deadly29
weapon by a prohibited person under section 28-1206; possession of a30
defaced firearm under section 28-1207; defacing a firearm under section31
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28-1208; unlawful discharge of a firearm under section 28-1212.02;1
possession, receipt, retention, or disposition of a stolen firearm under2
section 28-1212.03; unlawful possession of explosive materials in the3
first degree under section 28-1215; unlawful possession of explosive4
materials in the second degree under section 28-1216; unlawful sale of5
explosives under section 28-1217; use of explosives without a permit6
under section 28-1218; obtaining an explosives permit through false7
representations under section 28-1219; possession of a destructive device8
under section 28-1220; threatening the use of explosives or placing a9
false bomb under section 28-1221; using explosives to commit a felony10
under section 28-1222; using explosives to damage or destroy property11
under section 28-1223; and using explosives to kill or injure any person12
under section 28-1224; 13
(h) Any violation of the Securities Act of Nebraska pursuant to14
section 8-1117; 15
(i) Any violation of the Nebraska Revenue Act of 1967 pursuant to16
section 77-2713; 17
(j) Offenses relating to public health and morals which include:18
Prostitution under section 28-801; pandering under section 28-802;19
keeping a place of prostitution under section 28-804; labor trafficking,20
sex trafficking, labor trafficking of a minor, or sex trafficking of a21
minor under section 28-831; a violation of section 28-1005; and any act22
relating to the visual depiction of sexually explicit conduct prohibited23
in the Child Sexual Abuse Material Prevention Act; and24
(k) A violation of the Computer Crimes Act; 25
(6) State means the State of Nebraska or any political subdivision26
or any department, agency, or instrumentality thereof; and27
(7) Unlawful debt means a debt of at least one thousand five hundred28
dollars: 29
(a) Incurred or contracted in gambling activity which was in30
violation of federal law or the law of the state or which is31
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unenforceable under state or federal law in whole or in part as to1
principal or interest because of the laws relating to usury; or2
(b) Which was incurred in connection with the business of gambling3
in violation of federal law or the law of the state or the business of4
lending money or a thing of value at a rate usurious under state law if5
the usurious rate is at least twice the enforceable rate.6
Sec. 11. Section 29-2221, Revised Statutes Supplement, 2025, is7
amended to read: 8
29-2221 (1) Whoever has been twice convicted of a crime, sentenced,9
and committed to prison, in this or any other state or by the United10
States or once in this state and once at least in any other state or by11
the United States, for terms of not less than one year each shall, upon12
conviction of a felony committed in this state, be deemed to be a13
habitual criminal and shall be punished by imprisonment in a Department14
of Correctional Services adult correctional facility for a mandatory15
minimum term of ten years and a maximum term of not more than sixty16
years, except that: 17
(a) If the felony committed is in violation of section 28-303,18
28-304, 28-308, 28-313, 28-319, 28-319.01, 28-502, 28-929, or 28-1222 or19
section 4 of this act, and at least one of the habitual criminal's prior20
felony convictions was for a violation of one of the sections listed in21
this subdivision or of a similar statute in another state or of the22
United States, the mandatory minimum term shall be twenty-five years and23
the maximum term not more than sixty years; 24
(b) If the felony committed is in violation of subsection (3) of25
section 28-306 and at least one of the prior convictions is in violation26
of subsection (3) of section 28-306 and the other is in violation of one27
of the sections set forth in subdivision (a) of this subsection or if the28
felony committed is in violation of one of the sections set forth in29
subdivision (a) of this subsection and both of the prior convictions are30
in violation of subsection (3) of section 28-306, the mandatory minimum31
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term shall be twenty-five years and the maximum term not more than sixty1
years; 2
(c) If the felony committed is in violation of subsection (3) of3
section 28-416 or in violation of sections 28-509 to 28-518 and all of4
the habitual criminal's prior felony convictions are also violations of5
such subsection or sections or of a similar statute in another state or6
of the United States, the mandatory minimum term shall be three years and7
the maximum term not more than twenty years; and 8
(d) If a greater punishment is otherwise provided by statute, the9
law creating the greater punishment shall govern. 10
(2) When punishment of an accused as a habitual criminal is sought,11
the facts with reference thereto shall be charged in the indictment or12
information which contains the charge of the felony upon which the13
accused is prosecuted, but the fact that the accused is charged with14
being a habitual criminal shall not be an issue upon the trial of the15
felony charge and shall not in any manner be disclosed to the jury. If16
the accused is convicted of a felony, before sentence is imposed a17
hearing shall be had before the court alone as to whether such person has18
been previously convicted of prior felonies. The court shall fix a time19
for the hearing and notice thereof shall be given to the accused at least20
three days prior thereto. At the hearing, if the court finds from the21
evidence submitted that the accused has been convicted two or more times22
of felonies and sentences imposed therefor by the courts of this or any23
other state or by the United States, the court shall sentence such person24
so convicted as a habitual criminal. 25
(3) If the person so convicted shows to the satisfaction of the26
court before which the conviction was had that he or she was released27
from imprisonment upon either of such sentences upon a pardon granted for28
the reason that he or she was innocent, such conviction and sentence29
shall not be considered as such under this section and section 29-2222.30
Sec. 12. Section 84-941.01, Reissue Revised Statutes of Nebraska, is31
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amended to read: 1
84-941.01 Potentially disqualifying conviction includes a conviction2
for: 3
(1) Criminal attempt as provided in section 28-201, conspiracy as4
provided in section 28-202, or aiding and abetting as provided in section5
28-206, to commit an offense listed in this section;6
(2) Murder as provided in sections 28-303 or 28-304;7
(3) Manslaughter as provided in section 28-305;8
(4) Motor vehicle homicide as provided in section 28-306;9
(5) Assault in the first or second degree as provided in sections10
28-308 and 28-309; 11
(6) Terroristic threats as provided in section 28-311.01;12
(7) Stalking as provided in section 28-311.03;13
(8) Kidnapping as provided in section 28-313;14
(9) False imprisonment as provided in sections 28-314 and 28-315;15
(10) A sexual act subject to criminal penalties as provided in16
sections 28-317 to 28-322.05; 17
(11) Domestic assault as provided in section 28-323;18
(12) Robbery as provided in section 28-324; 19
(13) Arson as provided in sections 28-502, 28-503, and 28-504;20
(14) Fraud subject to criminal penalties as provided in sections21
28-505, 28-631, 28-638, 28-639, 28-640, and 28-935;22
(15) Theft as provided in sections 28-511, 28-512, 28-513, and23
28-515; 24
(16) Forgery as provided in sections 28-602 and 28-603;25
(17) Incest as provided in section 28-703; 26
(18) Child abuse as provided in section 28-707;27
(19) Human trafficking, labor trafficking, sex trafficking, labor28
trafficking of a minor, or sex trafficking of a minor as provided in29
section 28-831; 30
(20) False reporting as provided in section 28-907;31
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(21) Perjury as provided in section 28-915; 1
(22) Assault on a public safety officer or health care professional2
in the first degree, section 4 of this act; an officer, an emergency3
responder, certain employees, or a health care professional in the first4
degree as provided in section 28-929; 5
(23) Assault on a public safety officer or health care professional6
in the second degree, section 5 of this act; an officer, an emergency7
responder, certain employees, or a health care professional in the second8
degree as provided in section 28-930; 9
(24) Assault on a public safety officer or health care professional10
in the third degree, section 6 of this act; an officer, an emergency11
responder, certain employees, or a health care professional in the third12
degree as provided in section 28-931; 13
(25) Assault on an officer, an emergency responder, certain14
employees, or a health care professional using a motor vehicle as15
provided in section 28-931.01; 16
(25) (26) An offense that has as an element the threat to inflict17
serious bodily injury as defined in section 28-109 or death on another18
person, the intentional infliction of serious bodily injury as defined in19
section 28-109 on another person, or intentionally causing the death of20
another person; 21
(26) (27) An offense for which registration is required under the22
Sex Offender Registration Act; or 23
(27) (28) Any offense under the laws of another jurisdiction that is24
substantially equivalent to any of the offenses listed in this section.25
Sec. 13. Original section 84-941.01, Reissue Revised Statutes of26
Nebraska, sections 28-115, 28-929, 28-929.01, 28-929.02, 28-930, 28-931,27
28-934, and 28-1351, Revised Statutes Cumulative Supplement, 2024, and28
sections 28-101, 28-1354, and 29-2221, Revised Statutes Supplement, 2025,29
are repealed. 30
Sec. 14. The following section is outright repealed: Section31
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28-931.01, Revised Statutes Cumulative Supplement, 2024.1
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