Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1225
Introduced by Raybould, 28.
Read first time January 21, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to the Nebraska Juvenile Code; to amend1
section 43-274, Revised Statutes Cumulative Supplement, 2024; to2
change provisions relating to certain expedited appeals; and to3
repeal the original section. 4
Be it enacted by the people of the State of Nebraska,5
LB1225
2026
LB1225
2026
-1-
Section 1. Section 43-274, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
43-274 (1) The county attorney or city attorney, having knowledge of3
a juvenile within his or her jurisdiction who appears to be a juvenile4
described in subdivision (1), (2), (3)(b), or (4) of section 43-247 and5
taking into consideration the criteria in section 43-276, may proceed as6
provided in this section. 7
(2) The county attorney or city attorney may offer pretrial8
diversion to the juvenile in accordance with a juvenile pretrial9
diversion program established pursuant to sections 43-260.02 to10
43-260.07. 11
(3)(a) If a juvenile appears to be a juvenile described in12
subdivision (1), (2), (3)(b), or (4) of section 43-247, the county13
attorney or city attorney may utilize restorative justice practices or14
services as a form of, or condition of, diversion or plea bargaining or15
as a recommendation as a condition of disposition, through a referral to16
a restorative justice facilitator. 17
(b) For victim-involved offenses, a restorative justice facilitator18
shall conduct a separate individual intake and assessment session with19
each juvenile and victim to determine which, if any, restorative justice20
practice is appropriate. All participation by the victim shall be21
voluntary. If the victim declines to participate in any or all parts of22
the restorative justice practice, a victim surrogate may be invited to23
participate with the juvenile. If, after assessment, participation by the24
juvenile is deemed inappropriate, the restorative justice facilitator25
shall return the referral to the referring county attorney or city26
attorney. 27
(c) A victim or his or her parent or guardian shall not be charged a28
fee. A juvenile or his or her parent or guardian may be charged a fee29
according to the policies and procedures of the restorative justice30
facilitator and the referring county attorney or city attorney.31
LB1225
2026
LB1225
2026
-2-
Restorative justice facilitators shall use a sliding fee scale based on1
income and shall not deny services based upon the inability of a juvenile2
or his or her parent or guardian to pay, if funding is otherwise3
available. 4
(d) Prior to participating in any restorative justice practice or5
service under this section, the juvenile, the juvenile's parent or6
guardian, and the victim, if he or she is participating, shall sign a7
consent to participate form. 8
(e) If a reparation plan agreement is reached, the restorative9
justice facilitator shall forward a copy of the agreement to the10
referring county attorney or city attorney. The terms of the reparation11
plan agreement shall specify provisions for reparation, monitoring,12
completion, and reporting. An agreement may include, but is not limited13
to, one or more of the following: 14
(i) Participation by the juvenile in certain community service15
programs; 16
(ii) Payment of restitution by the juvenile to the victim;17
(iii) Reconciliation between the juvenile and the victim;18
(iv) Apology, when appropriate, between the juvenile and the victim;19
and 20
(v) Any other areas of agreement. 21
(f) The restorative justice facilitator shall give notice to the22
county attorney or city attorney regarding the juvenile's compliance with23
the terms of the reparation plan agreement. If the juvenile does not24
satisfactorily complete the terms of the agreement, the county attorney25
or city attorney may: 26
(i) Refer the matter back to the restorative justice facilitator for27
further restorative justice practices or services; or28
(ii) Proceed with filing a juvenile court petition or criminal29
charge. 30
(g) If a juvenile meets the terms of the reparation plan agreement,31
LB1225
2026
LB1225
2026
-3-
the county attorney or city attorney shall either: 1
(i) Not file a juvenile court petition or criminal charge against2
the juvenile for the acts for which the juvenile was referred for3
restorative justice practice or services when referred as a diversion or4
an alternative to diversion; or 5
(ii) File a reduced charge as previously agreed when referred as a6
part of a plea negotiation. 7
(4) The county attorney or city attorney shall file the petition in8
the court with jurisdiction as outlined in section 43-246.01.9
(5)(a) When a transfer from juvenile court to county court or10
district court is authorized because there is concurrent jurisdiction,11
the county attorney or city attorney may move to transfer the12
proceedings. Such motion shall be filed with the juvenile court petition13
unless otherwise permitted for good cause shown. The juvenile court shall14
schedule a hearing on such motion within fifteen days after the motion is15
filed. The county attorney or city attorney has the burden by a16
preponderance of the evidence to show why such proceeding should be17
transferred. The juvenile shall be represented by counsel at the hearing18
and may present the evidence as to why the proceeding should be retained.19
After considering all the evidence and reasons presented by both parties,20
the juvenile court shall retain the proceeding unless the court21
determines that a preponderance of the evidence shows that the proceeding22
should be transferred to the county court or district court. The court23
shall make a decision on the motion within thirty days after the hearing.24
The juvenile court shall set forth findings for the reason for its25
decision. 26
(b) An order granting or denying transfer of the case from juvenile27
court to county or district court shall be considered a final order for28
the purposes of appeal. Upon the entry of an order, any party may appeal29
to the Court of Appeals within ten days. Such review shall be advanced on30
the court docket without an extension of time granted to any party except31
LB1225
2026
LB1225
2026
-4-
upon a showing of exceptional cause. Appeals shall be submitted,1
assigned, and scheduled for oral argument as soon as the appellee's brief2
is due to be filed. The Court of Appeals shall conduct its review in an3
expedited manner and shall render the judgment and opinion, if any, as4
speedily as possible , and in no event later than ninety days after the5
date the appeal was perfected. During the pendency of any such appeal,6
the juvenile court may continue to enter temporary orders in the best7
interests of the juvenile pursuant to section 43-295.8
(c) If the proceeding is transferred from juvenile court to the9
county court or district court, the county attorney or city attorney10
shall file a criminal information in the county court or district court,11
as appropriate, and the accused shall be arraigned as provided for a12
person eighteen years of age or older in subdivision (1)(b) of section13
29-1816. 14
(d)(i) Except as provided in subdivision (5)(d)(ii) of this section,15
any admission, confession, or statement made by the juvenile to a16
psychiatrist, psychologist, therapist, or licensed mental health17
practitioner for purposes of a motion to transfer a case from juvenile18
court to county court or district court shall be inadmissible in any19
criminal or civil proceeding. 20
(ii) Subdivision (5)(d)(i) of this section does not prevent any such21
admission, confession, or statement from being: 22
(A) Admissible in proceedings relating to such motion to transfer;23
(B) Admissible in disposition proceedings for such juvenile under24
the Nebraska Juvenile Code if the case is not transferred to county court25
or district court; 26
(C) Included in any presentence investigation report for such27
juvenile if the case is transferred to county court or district court;28
and 29
(D) Admissible in such case to impeach such juvenile during cross-30
examination if the juvenile testifies at trial or during juvenile court31
LB1225
2026
LB1225
2026
-5-
proceedings and such testimony is materially inconsistent with a prior1
statement made by the juvenile to a psychiatrist, psychologist,2
therapist, or licensed mental health practitioner for purposes of the3
motion to transfer such case. 4
Sec. 2. Original section 43-274, Revised Statutes Cumulative5
Supplement, 2024, is repealed. 6
LB1225
2026
LB1225
2026
-6-