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LEGISLATIVE BILL 784
Approved by the Governor April 14, 2026
Introduced by Hallstrom, 1; DeKay, 40.
A BILL FOR AN ACT relating to law enforcement; to amend sections 23-1717,
23-1719, and 81-1414.07, Reissue Revised Statutes of Nebraska, and
sections 23-1701, 23-1701.01, and 32-604, Revised Statutes Cumulative
Supplement, 2024; to change provisions relating to residency requirements
for sheriffs in certain counties, uniform requirements for sheriffs and
their deputies, and continuing education requirements for law enforcement
officers; to harmonize provisions; to provide operative dates; and to
repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 23-1701, Revised Statutes Cumulative Supplement, 2024,
is amended to read:
23-1701 (1) It is the duty of the sheriff to serve or otherwise execute,
according to law, and return writs or other legal process issued by lawful
authority and directed or committed to the sheriff and to perform such other
duties as may be required by law. The county sheriff shall prepare and file the
required annual inventory statement of county personal property in his or her
custody or possession as provided in sections 23-346 to 23-350.
(2) Except as provided in subsections subsection (3) and (4) of this
section, a sheriff elected after November 1986 need not be a resident of the
county when he or she files for election as sheriff, but a sheriff shall reside
in the a county for which he or she holds office.
(3) This subsection applies to a county that does not contain a city of
the metropolitan, primary, or first class. The sheriff need not be a resident
of the county when he or she files for election as sheriff of such county, but
when holding office, such sheriff shall reside in such county or an adjoining
county.
(4) (3) If there is no county sheriff elected pursuant to section 32-520
or if a vacancy occurs for any other reason, the county board of such county
may appoint a law enforcement officer qualified pursuant to section 23-1701.01
from any Nebraska county to the office of county sheriff. In making such
appointment, the county board shall enter into a contract with the appointed
county sheriff, such contract to specify the terms and conditions of the
appointment, including the compensation of the appointed county sheriff, which
compensation shall not be subject to sections 23-1114.02 to 23-1114.06.
Sec. 2. Section 23-1701.01, Revised Statutes Cumulative Supplement, 2024,
is amended to read:
23-1701.01 (1) Any candidate for the office of sheriff and any sheriff
appointed under subsection (4) (3) of section 23-1701 shall possess a law
enforcement officer certificate or diploma issued by the Nebraska Commission on
Law Enforcement and Criminal Justice. A standardized letter issued by the
director of the Nebraska Law Enforcement Training Center certifying that the
candidate or appointee was duly issued such certificate or diploma shall be
filed by a candidate with the candidate filing form required by section 32-607
and by an appointee with the contract entered into under section 23-1701.
(2) Each sheriff shall attend the Sheriff's Certification Course conducted
by the Nebraska Law Enforcement Training Center and obtain a certificate
awarded by the Nebraska Commission on Law Enforcement and Criminal Justice
attesting to satisfactory completion of such course within eight months after
taking office unless such sheriff has already been awarded a certificate by the
commission attesting to satisfactory completion of such course or unless such
sheriff can demonstrate to the Nebraska Police Standards Advisory Council that
his or her previous training and education is such that he or she will
professionally discharge the duties of the office. Any sheriff in office prior
to July 19, 1980, shall not be required to obtain a certificate awarded by the
commission attesting to satisfactory completion of the Sheriff's Certification
Course but shall otherwise be subject to this section.
(3) Each sheriff shall attend continuing education as provided in section
81-1414.07 each year following the first year of such sheriff's term of office.
(4) Unless a sheriff is able to show good cause for not complying with
subsection (2) or (3) of this section or obtains a waiver of the training
requirements from the council, any sheriff who violates subsection (2) or (3)
of this section shall be punished by a fine equal to such sheriff's monthly
salary. Each month in which such violation occurs shall constitute a separate
offense.
Sec. 3. Section 23-1717, Reissue Revised Statutes of Nebraska, is amended
to read:
23-1717 (1) Except as otherwise provided in subsections (2) and (3) of
this section, county County sheriffs and their deputies, when on duty, shall:
(a) Be be dressed in a distinctive uniform that is approved by the sheriff
and that meets the requirements of , as described in section 23-1719; , and
(b) Display display a badge of office as described in section 23-1719. ;
(2) The Provided, the wearing of such uniform and badge shall be
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discretionary at the option of the sheriff when he or she or his or her
deputies are engaged in special investigations or mental patient assignments. ;
(3) Special and provided further, that special deputies appointed by the
sheriff shall be excluded from the requirements of this section.
Sec. 4. Section 23-1719, Reissue Revised Statutes of Nebraska, is amended
to read:
23-1719 (1) The uniform required by section 23-1717 shall be at the
discretion of the sheriff and may be separated into classes to best fit the
needs of each sheriff. Any such uniform shall be readily distinguishable from
the uniform of other law enforcement agencies in the State of Nebraska.
(2) The Class A or dress uniform for a county sheriff or their deputies
and shall consist of:
(a) Brown felt campaign hat, center crease in sheriff or western style;
(b) Brown straw campaign hat, center crease in sheriff or western style;
(c) Chocolate brown color shirt with either long or short sleeves
depending on season;
(d) Pink tan color trousers in appropriate seasonal weights;
(e) Pink tan color skirts in appropriate seasonal weights;
(e) (f) Pink tan color necktie;
(f) (g) Shoes or boots in the same color as the leather worn;
(g) (h) Chocolate brown color service jacket, zipper front with badge or
insignia approved by the sheriff holder;
(h) (i) Hip-length year-round outer jacket, dark brown in color;
(i) (j) Badge bearing state or state seal, rank, and county and consisting
of a seven-point star; :
(i) Gold in color for sheriff and deputies of the rank of sergeant or
above;
(ii) Silver in color for deputies under the rank of sergeant; and
(iii) Consisting of seven-point star;
(j) (k) Collar ornaments : (i) Gold for sheriff and deputies ; of the rank
of sergeant or above; and
(ii) Silver for deputies under the rank of sergeant;
(k) (l) Shoulder emblem to be worn on upper sleeve and include sheriff's
office or department and county name - design optional;
(l) (m) Leather to be either brown or black at the individual department's
choice; and
(m) (n) Brown winter cap with flap.
(3) The Class B or patrol uniform for a county sheriff or their deputies
shall consist of:
(a) Black or any variation of brown hat, depending on the season;
(b) Black or any variation of brown color external carrier, with badge;
(c) Black or any variation of brown color shirt with either long or short
sleeves depending on season;
(d) Black or any variation of brown color trousers in appropriate seasonal
weights;
(e) Black or any variation of brown color shoes or boots;
(f) Black or any variation of brown color jacket, with a badge or insignia
approved by the sheriff;
(g) Badge bearing state or state seal, rank, and county and consisting of
a seven-point star;
(h) Shoulder emblem to be worn on upper sleeve and include sheriff's
office or department and county name - design optional; and
(i) Leather to be either black or any variation of brown at the individual
department's choice.
(4) The honor guard or color guard uniform for a county sheriff or their
deputies shall consist of:
(a) Any variation of brown color campaign hat, center crease in sheriff or
western style;
(b) Any variation of brown color uniform jacket;
(c) Any variation of brown color pants;
(d) Black leather shoes or boots;
(e) Shoulder emblem to be worn on upper sleeve and include sheriff's
office or department and county name - design optional; and
(f) Badge bearing state or state seal, rank, and county and consisting of
a seven-point star.
(2) Uniforms shall be purchased directly from the supplier or suppliers
with whom the Department of Administrative Services has contracted.
(5) (3) A committee from the Nebraska Sheriffs' and Peace Officers'
Association shall assist the Department of Administrative Services in
developing specifications and selecting material for the uniforms.
Sec. 5. Section 32-604, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
32-604 (1) Except as provided in subsection (2) or (4) of this section, no
person shall be precluded from being elected or appointed to or holding an
elective office for the reason that he or she has been elected or appointed to
or holds another elective office.
(2) No person serving as a member of the Legislature or in an elective
office described in Article IV, section 1 or 20, or Article VII, section 3 or
10, of the Constitution of Nebraska shall simultaneously serve in any other
elective office, except that such a person may simultaneously serve in another
elective office which is filled at an election held in conjunction with the
annual meeting of a public body.
(3) Whenever an incumbent serving as a member of the Legislature or in an
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elective office described in Article IV, section 1 or 20, or Article VII,
section 3 or 10, of the Constitution of Nebraska assumes another elective
office, except an elective office filled at an election held in conjunction
with the annual meeting of a public body, the office first held by the
incumbent shall be deemed vacant.
(4) No person serving in a high elective office shall simultaneously serve
in any other high elective office, except that (a) a county attorney may serve
as the county attorney for more than one county if appointed under subsection
(2) of section 23-1201.01 and (b) a county sheriff may serve as the county
sheriff for more than one county if appointed under subsection (4) (3) of
section 23-1701.
(5) Notwithstanding subsection (4) of this section, any person holding
more than one high elective office upon July 15, 2010, shall be entitled to
serve the remainder of all terms for which he or she was elected or appointed.
(6) For purposes of this section, (a) elective office has the meaning
found in section 32-109 and includes an office which is filled at an election
held in conjunction with the annual meeting of a public body created by an act
of the Legislature but does not include a member of a learning community
coordinating council appointed pursuant to subsection (5) or (7) of section
32-546.01 prior to January 5, 2017, and (b) high elective office means a member
of the Legislature, an elective office described in Article IV, section 1 or
20, or Article VII, section 3 or 10, of the Constitution of Nebraska, or a
county, city, community college area, learning community, regional metropolitan
transit authority, or school district elective office.
Sec. 6. Section 81-1414.07, Reissue Revised Statutes of Nebraska, is
amended to read:
81-1414.07 (1)(a) In order to maintain his or her professional status and
serve the law enforcement profession, the community, and the residents of
Nebraska, each law enforcement officer , other than a noncertified conditional
officer, shall attend continuing education courses for the number of hours
required in subdivision (1)(b) of this section in the areas of criminal justice
and law enforcement as provided in this section. during each calendar year
beginning on January 1 and ending on December 31.
(b) A law enforcement officer is not required to meet the continuing
education requirements in the year in which he or she first becomes fully
certified.
(c) A law enforcement officer may retire from service in good standing
without meeting the continuing education requirements in the calendar year of
the officer's retirement.
(d) The requirements of this section do not apply to a noncertified
conditional officer.
(b) The number of continuing education hours required under this
subsection shall be:
(i) Until January 1, 2022, twenty hours;
(ii) Beginning January 1, 2022, and until January 1, 2023, twenty-eight
hours; and
(iii) Beginning January 1, 2023, thirty-two hours.
(2)(a) Each calendar year, a law enforcement officer shall attend at
least:
(i) For a law enforcement officer employed by a law enforcement agency
that employs less than twenty-five full-time law enforcement officers, twenty-
four hours of continuing education; and
(ii) For a law enforcement officer employed by a law enforcement agency
that employs twenty-five or more full-time law enforcement officers, thirty-two
hours of continuing education.
(b) Such annual continuing education (2) The annual continuing education
required by this section shall include:
(i) A refresher course on de-escalation;
(a) Refresher courses on de-escalation, mental health, and substance abuse
issues;
(ii) (b) A minimum of two hours of anti-bias and implicit bias training;
(iii) (c) Firearms training;
(iv) (d) Officer wellness training;
(v) (e) Legal update training updates, including, but not limited to,
legislative changes and First Amendment and Fourth Amendment issues; and
(f) Vehicular pursuit policy review; and
(vi) (g) Any other training as determined by a law enforcement agency.
(3)(a) At least once in each three-calendar-year period, a law enforcement
officer shall attend continuing education that includes:
(i) Refresher courses on mental health and substance abuse issues; and
(ii) A review of vehicular pursuit policies.
(b) The continuing education hours required by this subsection are counted
for purposes of the required hours under subsection (2) of this section.
(4) (3) Continuing education courses may be offered in the form of
seminars, advanced education which may include college or university classes,
conferences, instruction conducted within the law enforcement officer's law
enforcement agency, or instruction conducted over the Internet. Continuing
education shall be of a type which has application to and seeks to maintain and
improve the skills of the law enforcement officer in carrying out his or her
duties and responsibilities.
Sec. 7. Sections 6 and 9 of this act become operative on January 1, 2027.
The other sections of this act become operative on their effective date.
Sec. 8. Original sections 23-1717 and 23-1719, Reissue Revised Statutes
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of Nebraska, and sections 23-1701, 23-1701.01, and 32-604, Revised Statutes
Cumulative Supplement, 2024, are repealed.
Sec. 9. Original section 81-1414.07, Reissue Revised Statutes of
Nebraska, is repealed.
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