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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 909
Introduced by Hardin, 48.
Read first time January 09, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to crimes and offenses; to amend sections1
83-4,143 and 84-941.01, Reissue Revised Statutes of Nebraska,2
section 27-404, Revised Statutes Cumulative Supplement, 2024, and3
sections 26-102, 27-413, 28-101, 28-318, 28-712.01, 28-1701,4
29-4003, 29-4309, 29-4316, and 81-1850, Revised Statutes Supplement,5
2025; to prohibit sexual abuse by a law enforcement officer; to6
define and redefine terms; to require registration under the Sex7
Offender Registration Act; to change offenses included within8
certain protections for victims of sexual offenses and certain9
victim notification requirements; to harmonize provisions; and to10
repeal the original sections. 11
Be it enacted by the people of the State of Nebraska,12
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Section 1. Section 26-102, Revised Statutes Supplement, 2025, is1
amended to read: 2
26-102 For purposes of the Protection Orders Act:3
(1) Abuse has the same meaning as in section 42-903;4
(2) Course of conduct has the same meaning as in section 28-311.02;5
(3) Family or household members has the same meaning as in section6
42-903; 7
(4) Harass has the same meaning as in section 28-311.02;8
(5) Household pet means any animal maintained for companionship or9
pleasure but does not include any animal kept primarily for commercial10
purposes or for consumption or any livestock animal as defined in section11
54-902; 12
(6) Law enforcement agency means the police department or town13
marshal in incorporated municipalities, the office of the sheriff in14
unincorporated areas, and the Nebraska State Patrol; and15
(7) Sexual assault offense means: 16
(a) Conduct amounting to sexual assault under section 28-319 or17
28-320, sexual abuse by a school worker under section 28-316.01, sexual18
abuse by a law enforcement officer under section 5 of this act, sexual19
assault of a child under section 28-319.01 or 28-320.01, a violation of20
section 28-311.08, or an attempt to commit any of such offenses; or21
(b) Subjecting or attempting to subject another person to sexual22
contact or sexual penetration without such person's consent, as such23
terms are defined in section 28-318. 24
Sec. 2. Section 27-404, Revised Statutes Cumulative Supplement,25
2024, is amended to read: 26
27-404 (1) Evidence of a person's character or a trait of his or her27
character is not admissible for the purpose of proving that he or she28
acted in conformity therewith on a particular occasion, except:29
(a) Evidence of a pertinent trait of his or her character offered by30
an accused, or by the prosecution to rebut the same;31
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(b) Evidence of a pertinent trait of character of the victim of the1
crime offered by an accused or by the prosecution to rebut the same, or2
evidence of a character trait of peacefulness of the victim offered by3
the prosecution in a homicide case to rebut evidence that the victim was4
the first aggressor. In a sexual assault case, reputation, opinion, or5
other evidence of past sexual behavior of the victim is governed by6
section 27-412; or 7
(c) Evidence of the character of a witness as provided in sections8
27-607 to 27-609. 9
(2) Evidence of other crimes, wrongs, or acts is not admissible to10
prove the character of a person in order to show that he or she acted in11
conformity therewith. It may, however, be admissible for other purposes,12
such as proof of motive, opportunity, intent, preparation, plan,13
knowledge, identity, or absence of mistake or accident.14
(3) When such evidence is admissible pursuant to this section, in15
criminal cases evidence of other crimes, wrongs, or acts of the accused16
may be offered in evidence by the prosecution if the prosecution proves17
to the court by clear and convincing evidence that the accused committed18
the crime, wrong, or act. Such proof shall first be made outside the19
presence of any jury. 20
(4) Regarding the admissibility in a civil or criminal action of21
evidence of a person's commission of another offense or offenses of22
sexual assault under sections 28-316.01 and 28-319 to 28-322.05, see23
sections 27-413 to 27-415. 24
Sec. 3. Section 27-413, Revised Statutes Supplement, 2025, is25
amended to read: 26
27-413 For purposes of sections 27-414 and 27-415, offense of sexual27
assault means: 28
(1) Any violation of section 28-316.01, section 5 of this act, or29
sections 28-319 to 28-322.5; 30
(b) An sexual assault under section 28-319 or 28-320, sexual abuse31
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by a school worker under section 28-316.01, sexual assault of a child1
under section 28-319.01 or 28-320.01, sexual assault by use of an2
electronic communication device under section 28-320.02, sexual abuse of3
an inmate or parolee under sections 28-322.01 to 28-322.03, sexual abuse4
of a protected individual under section 28-322.04, sexual abuse of a5
detainee under section 28-322.05, an attempt or conspiracy to commit any6
of the crimes listed in this section; , or 7
(3) The the commission of or conviction for a crime in another8
jurisdiction that is substantially similar to any crime listed in this9
section. 10
Sec. 4. Section 28-101, Revised Statutes Supplement, 2025, is11
amended to read: 12
28-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-170113
and section 5 of this act shall be known and may be cited as the Nebraska14
Criminal Code. 15
Sec. 5. (1) For purposes of this section: 16
(a) Law enforcement officer has the same meaning as in section17
81-1401; 18
(b) Minor means a person who is at least sixteen years of age but19
less than nineteen years of age; 20
(c) Sexual contact has the same meaning as in section 28-318; and21
(d) Sexual penetration has the same meaning as in section 28-318.22
(2) A law enforcement officer shall not: 23
(a) Subject a minor to sexual penetration or sexual contact; or24
(b) Engage in a pattern or scheme of conduct to subject a minor to25
sexual penetration or sexual contact. 26
(3) It is not a defense to a charge under this section that the27
minor consented to such sexual penetration or sexual contact.28
(4) Any law enforcement officer who engages in sexual penetration29
with a minor is guilty of sexual abuse by a law enforcement officer in30
the first degree. Sexual abuse by a law enforcement officer in the first31
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degree is a Class IIA felony. 1
(5) Any law enforcement officer who engages in sexual contact with a2
minor is guilty of sexual abuse by a law enforcement officer in the3
second degree. Sexual abuse by a law enforcement officer in the second4
degree is a Class IIIA felony. 5
(6) Any law enforcement officer who engages in a pattern or scheme6
of conduct with the intent to subject a minor to sexual penetration or7
sexual contact is guilty of sexual abuse by a law enforcement officer in8
the third degree. Sexual abuse by a law enforcement officer in the third9
degree is a Class IV felony. 10
Sec. 6. Section 28-318, Revised Statutes Supplement, 2025, is11
amended to read: 12
28-318 As used in sections 28-317 to 28-322.05, unless the context13
otherwise requires: 14
(1) Actor means a person accused of sexual assault;15
(2) Intimate parts means the genital area, groin, inner thighs,16
buttocks, or breasts; 17
(3) Past sexual behavior means sexual behavior other than the sexual18
behavior upon which the sexual assault is alleged;19
(4) Serious personal injury means great bodily injury or20
disfigurement, extreme mental anguish or mental trauma, pregnancy,21
disease, or loss or impairment of a sexual or reproductive organ;22
(5) Sexual contact means the intentional touching of the victim's23
sexual or intimate parts or the intentional touching of the victim's24
clothing covering the immediate area of the victim's sexual or intimate25
parts. Sexual contact also means the touching by the victim of the26
actor's sexual or intimate parts or the clothing covering the immediate27
area of the actor's sexual or intimate parts when such touching is28
intentionally caused by the actor. Sexual contact includes only such29
conduct which can be reasonably construed as being for the purpose of30
sexual arousal or gratification of either party. Sexual contact also31
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includes the touching of a child with the actor's sexual or intimate1
parts on any part of the child's body for purposes of sexual abuse by a2
school worker under section 28-316.01 , sexual abuse by a law enforcement3
officer under section 5 of this act, or sexual assault of a child under4
sections 28-319.01 and 28-320.01; 5
(6) Sexual penetration means sexual intercourse in its ordinary6
meaning, cunnilingus, fellatio, anal intercourse, or any intrusion,7
however slight, of any part of the actor's or victim's body or any object8
manipulated by the actor into the genital or anal openings of the9
victim's body which can be reasonably construed as being for nonmedical,10
nonhealth, or nonlaw enforcement purposes. Sexual penetration shall not11
require emission of semen; 12
(7) Victim means the person alleging to have been sexually13
assaulted; 14
(8) Without consent means: 15
(a)(i) The victim was compelled to submit due to the use of force or16
threat of force or coercion, or (ii) the victim expressed a lack of17
consent through words, or (iii) the victim expressed a lack of consent18
through conduct, or (iv) the consent, if any was actually given, was the19
result of the actor's deception as to the identity of the actor or the20
nature or purpose of the act on the part of the actor;21
(b) The victim need only resist, either verbally or physically, so22
as to make the victim's refusal to consent genuine and real and so as to23
reasonably make known to the actor the victim's refusal to consent; and24
(c) A victim need not resist verbally or physically where it would25
be useless or futile to do so; and 26
(9) Force or threat of force means (a) the use of physical force27
which overcomes the victim's resistance or (b) the threat of physical28
force, express or implied, against the victim or a third person that29
places the victim in fear of death or in fear of serious personal injury30
to the victim or a third person where the victim reasonably believes that31
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the actor has the present or future ability to execute the threat.1
Sec. 7. Section 28-712.01, Revised Statutes Supplement, 2025, is2
amended to read: 3
28-712.01 (1)(a) The department may assign a report for alternative4
response consistent with the Child Protection and Family Safety Act.5
(b) No report involving any of the following shall be assigned to6
alternative response but shall be immediately forwarded to law7
enforcement or the county attorney: 8
(i) Murder in the first or second degree as defined in section9
28-303 or 28-304 or manslaughter as defined in section 28-305;10
(ii) Assault in the first, second, or third degree or assault by11
strangulation or suffocation as defined in section 28-308, 28-309,12
28-310, or 28-310.01; 13
(iii) Sexual abuse, including acts prohibited by section 28-316.01,14
28-319, 28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02,15
28-322.03, 28-322.04, 28-322.05, 28-703, or 28-707 or section 5 of this16
act; 17
(iv) Labor trafficking of a minor or sex trafficking of a minor as18
defined in section 28-830; 19
(v) Neglect of a minor child that results in serious bodily injury20
as defined in section 28-109, requires hospitalization of the child, or21
results in an injury to the child that requires ongoing medical care,22
behavioral health care, or physical or occupational therapy, including a23
growth delay, which may be referred to as failure to thrive, that has24
been diagnosed by a physician and is due to parental neglect;25
(vi) Physical abuse to the head or torso of a child or physical26
abuse that results in bodily injury; 27
(vii) An allegation that requires a forensic interview at a child28
advocacy center or coordination with the child abuse and neglect29
investigation team pursuant to section 28-728; 30
(viii) Out-of-home child abuse or neglect; 31
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(ix) An allegation being investigated by a law enforcement agency at1
the time of the assignment; 2
(x) A history of termination of parental rights;3
(xi) Absence of a caretaker without having given an alternate4
caregiver authority to make decisions and grant consents for necessary5
care, treatment, and education of a child or without having made6
provision to be contacted to make such decisions or grant such consents;7
(xii) Domestic violence involving a caretaker in situations in which8
the alleged perpetrator has access to the child or caretaker;9
(xiii) A household member illegally manufactures methamphetamine or10
opioids; 11
(xiv) A child has had contact with methamphetamine or other12
nonprescribed opioids, including a positive drug screening or test; or13
(xv) For a report involving an infant, a household member tests14
positive for methamphetamine or nonprescribed opioids at the birth of15
such infant. 16
(c) The department may adopt and promulgate rules and regulations to17
(i) provide additional ineligibility criteria for assignment to18
alternative response and (ii) establish additional criteria requiring19
review by the Review, Evaluate, and Decide Team. 20
(d) A report that includes any of the following may be eligible for21
alternative response but shall first be reviewed by the Review, Evaluate,22
and Decide Team prior to assignment to alternative response:23
(i) Domestic assault as defined in section 28-323 or domestic24
violence in the family home; 25
(ii) Use of alcohol or controlled substances as defined in section26
28-401 or 28-405 by a caregiver that impairs the caregiver's ability to27
care and provide safety for the child; or 28
(iii) A family member residing in the home or a caregiver that has29
been the subject of a report accepted for traditional response or30
assigned to alternative response in the past six months.31
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(2) The Review, Evaluate, and Decide Team shall convene to review1
reports pursuant to the department's rules, regulations, and policies, to2
evaluate the information, and to determine assignment for alternative3
response or traditional response. The team shall utilize consistent4
criteria to review the severity of the allegation of child abuse or5
neglect, access to the perpetrator, vulnerability of the child, family6
history including previous reports, parental cooperation, parental or7
caretaker protective factors, and other information as deemed necessary.8
At the conclusion of the review, the report shall be assigned to either9
traditional response or alternative response. Decisions of the team shall10
be made by consensus. If the team cannot come to consensus, the report11
shall be assigned for a traditional response. 12
(3) In the case of an alternative response, the department shall13
complete a comprehensive assessment. The department shall transfer the14
case being given alternative response to traditional response if the15
department determines that a child is unsafe or if the concern for the16
safety of the child is due to a temporary living arrangement. Upon17
completion of the comprehensive assessment, if it is determined that the18
child is safe, participation in services offered to the family receiving19
an alternative response is voluntary, the case shall not be transferred20
to traditional response based upon the family's failure to enroll or21
participate in such services, and the subject of the report shall not be22
entered into the central registry of child protection cases maintained23
pursuant to section 28-718. 24
(4) The department shall, by the next working day after receipt of a25
report of child abuse or neglect, enter into the tracking system of child26
protection cases maintained pursuant to section 28-715 all reports of27
child abuse or neglect received under this section that are opened for28
alternative response and any action taken. 29
(5) The department shall make available to the appropriate30
investigating law enforcement agency, child advocacy center, and county31
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attorney a copy of all reports relative to a case of suspected child1
abuse or neglect. Aggregate, nonidentifying data regarding reports of2
child abuse or neglect receiving an alternative response shall be made3
available quarterly to requesting agencies outside the department. Such4
alternative response data shall include, but not be limited to, the5
nature of the initial child abuse or neglect report, the age of the child6
or children, the nature of services offered, the location of the cases,7
the number of cases per month, and the number of alternative response8
cases that were transferred to traditional response. Other than the9
office of Inspector General of Nebraska Child Welfare, the Public10
Counsel, law enforcement agency personnel, child advocacy center11
employees, and county attorneys, no other agency or individual shall be12
provided specific, identifying reports of child abuse or neglect being13
given alternative response. The office of Inspector General of Nebraska14
Child Welfare shall have access to all reports relative to cases of15
suspected child abuse or neglect subject to traditional response and16
those subject to alternative response. The department and the office17
shall develop procedures allowing for the Inspector General's review of18
cases subject to alternative response. The Inspector General shall19
include in the report pursuant to section 50-1818 a summary of all cases20
reviewed pursuant to this subsection. 21
Sec. 8. Section 28-1701, Revised Statutes Supplement, 2025, is22
amended to read: 23
28-1701 (1) A person shall not be arrested or prosecuted for an24
eligible alcohol or drug offense if such person witnessed or was the25
victim of a sexual assault and such person: 26
(a) Either: 27
(i) In good faith, reported such sexual assault to law enforcement;28
or 29
(ii) Requested emergency medical assistance for the victim of the30
sexual assault; and 31
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(b) Evidence supporting the arrest or prosecution of the eligible1
alcohol or drug offense was obtained or discovered as a result of such2
person reporting such sexual assault to law enforcement or requesting3
emergency medical assistance. 4
(2) A person shall not be arrested or prosecuted for an eligible5
alcohol or drug offense if: 6
(a) Evidence supporting the arrest or prosecution of the person for7
the offense was obtained or discovered as a result of the investigation8
or prosecution of a sexual assault; and 9
(b) Such person cooperates with law enforcement in the investigation10
or prosecution of the sexual assault. 11
(3) For purposes of this section: 12
(a) Eligible alcohol or drug offense means: 13
(i) A violation of subsection (3) or (13) of section 28-416 or of14
section 28-441; 15
(ii) A violation of section 53-180.02 committed by a person older16
than eighteen years of age and under the age of twenty-one years, as17
described in subdivision (4)(a) of section 53-180.05;18
(iii) A violation of a city or village ordinance similar to19
subdivision (3)(a)(i) or (ii) of this section; or 20
(iv) Attempt, conspiracy, solicitation, being an accessory to,21
aiding and abetting, aiding the consummation of, or compounding a felony22
with any of the offenses in subdivision (3)(a)(i), (ii), or (iii) of this23
section as the underlying offense; and 24
(b) Sexual assault means: 25
(i) A violation of section 28-316.01, 28-319, 28-319.01, 28-320,26
28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04,27
28-322.05, 28-703, or 28-1805 or section 5 of this act, sex trafficking28
or sex trafficking of a minor under section 28-831, or subdivision (1)(c)29
or (g) of section 28-386 or subdivision (1)(d), (e), or (f) of section30
28-707; or 31
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(ii) Attempt, conspiracy, solicitation, being an accessory to,1
aiding and abetting, aiding the consummation of, or compounding a felony2
with any of the offenses listed in subdivision (3)(b)(i) of this section3
as the underlying offense. 4
Sec. 9. Section 29-4003, Revised Statutes Supplement, 2025, is5
amended to read: 6
29-4003 (1)(a) The Sex Offender Registration Act applies to any7
person who on or after January 1, 1997: 8
(i) Has ever pled guilty to, pled nolo contendere to, or been found9
guilty of any of the following: 10
(A) Kidnapping of a minor pursuant to section 28-313, except when11
the person is the parent of the minor and was not convicted of any other12
offense in this section; 13
(B) False imprisonment of a minor pursuant to section 28-314 or14
28-315; 15
(C) Sexual assault pursuant to section 28-319 or 28-320;16
(D) Sexual abuse by a school worker pursuant to section 28-316.01;17
(E) Sexual abuse by a law enforcement officer pursuant to section 518
of this act; 19
(F) (E) Sexual assault of a child in the second or third degree20
pursuant to section 28-320.01; 21
(G) (F) Sexual assault of a child in the first degree pursuant to22
section 28-319.01; 23
(H) (G) Sexual abuse of a vulnerable adult or senior adult pursuant24
to subdivision (1)(c) of section 28-386; 25
(I) (H) Incest of a minor pursuant to section 28-703;26
(J) (I) Pandering of a minor pursuant to section 28-802;27
(K) (J) Conduct relating to child sexual abuse material under28
section 28-1805 or subdivision (2)(b) or (c) of section 28-1804;29
(L) (K) Knowingly possessing or receiving any child sexual abuse30
material pursuant to subsection (1) or (5) of section 28-1803;31
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(M) (L) Criminal child enticement pursuant to section 28-311;1
(N) (M) Child enticement by means of an electronic communication2
device pursuant to section 28-320.02; 3
(O) (N) Debauching a minor pursuant to section 28-805; or4
(P) (O) Attempt, solicitation, aiding or abetting, being an5
accessory, or conspiracy to commit an offense listed in subdivisions (1)6
(a)(i)(A) through (1)(a)(i)(P) (1)(a)(i)(N) of this section;7
(ii) Has ever pled guilty to, pled nolo contendere to, or been found8
guilty of any offense that is substantially equivalent to a registrable9
offense under subdivision (1)(a)(i) of this section by any village, town,10
city, state, territory, commonwealth, or other jurisdiction of the United11
States, by the United States Government, by court-martial or other12
military tribunal, or by a foreign jurisdiction, notwithstanding a13
procedure comparable in effect to that described under section 29-2264 or14
any other procedure to nullify a conviction other than by pardon;15
(iii) Is incarcerated in a jail, a penal or correctional facility,16
or any other public or private institution or is under probation or17
parole as a result of pleading guilty to or being found guilty of a18
registrable offense under subdivision (1)(a)(i) or (ii) of this section19
prior to January 1, 1997; or 20
(iv) Enters the state and is required to register as a sex offender21
under the laws of another village, town, city, state, territory,22
commonwealth, or other jurisdiction of the United States.23
(b) In addition to the registrable offenses under subdivision (1)(a)24
of this section, the Sex Offender Registration Act applies to any person25
who on or after January 1, 2010: 26
(i)(A) Except as provided in subdivision (1)(b)(i)(B) of this27
section, has ever pled guilty to, pled nolo contendere to, or been found28
guilty of any of the following: 29
(I) Murder in the first degree pursuant to section 28-303;30
(II) Murder in the second degree pursuant to section 28-304;31
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(III) Manslaughter pursuant to section 28-305;1
(IV) Assault in the first degree pursuant to section 28-308;2
(V) Assault in the second degree pursuant to section 28-309;3
(VI) Assault in the third degree pursuant to section 28-310;4
(VII) Stalking pursuant to section 28-311.03; 5
(VIII) Violation of section 28-311.08 requiring registration under6
the act pursuant to subsection (6) of section 28-311.08;7
(IX) Kidnapping pursuant to section 28-313; 8
(X) False imprisonment pursuant to section 28-314 or 28-315;9
(XI) Sexual abuse of an inmate or parolee in the first degree10
pursuant to section 28-322.02; 11
(XII) Sexual abuse of an inmate or parolee in the second degree12
pursuant to section 28-322.03; 13
(XIII) Sexual abuse of a protected individual pursuant to section14
28-322.04; 15
(XIV) Incest pursuant to section 28-703; 16
(XV) Child abuse pursuant to subdivision (1)(d) or (e) of section17
28-707; 18
(XVI) Enticement by electronic communication device pursuant to19
section 28-833; or 20
(XVII) Attempt, solicitation, aiding or abetting, being an21
accessory, or conspiracy to commit an offense listed in subdivisions (1)22
(b)(i)(A)(I) through (1)(b)(i)(A)(XVI) of this section.23
(B) In order for the Sex Offender Registration Act to apply to the24
offenses listed in subdivisions (1)(b)(i)(A)(I), (II), (III), (IV), (V),25
(VI), (VII), (IX), and (X) of this section, a court shall have found that26
evidence of sexual penetration or sexual contact, as those terms are27
defined in section 28-318, was present in the record, which shall include28
consideration of the factual basis for a plea-based conviction and29
information contained in the presentence report; 30
(ii) Has ever pled guilty to, pled nolo contendere to, or been found31
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guilty of any offense that is substantially equivalent to a registrable1
offense under subdivision (1)(b)(i) of this section by any village, town,2
city, state, territory, commonwealth, or other jurisdiction of the United3
States, by the United States Government, by court-martial or other4
military tribunal, or by a foreign jurisdiction, notwithstanding a5
procedure comparable in effect to that described under section 29-2264 or6
any other procedure to nullify a conviction other than by pardon; or7
(iii) Enters the state and is required to register as a sex offender8
under the laws of another village, town, city, state, territory,9
commonwealth, or other jurisdiction of the United States.10
(c) In addition to the registrable offenses under subdivisions (1)11
(a) and (b) of this section, the Sex Offender Registration Act applies to12
any person who on or after January 1, 2020: 13
(i) Has ever pled guilty to, pled nolo contendere to, or been found14
guilty of sexual abuse of a detainee under section 28-322.05; or15
(ii) Has ever pled guilty to, pled nolo contendere to, or been found16
guilty of any offense that is substantially equivalent to a registrable17
offense under subdivision (1)(c)(i) of this section by any village, town,18
city, state, territory, commonwealth, or other jurisdiction of the United19
States, by the United States Government, by court-martial or other20
military tribunal, or by a foreign jurisdiction, notwithstanding a21
procedure comparable in effect to that described under section 29-2264 or22
any other procedure to nullify a conviction other than by pardon.23
(d) In addition to the registrable offenses under subdivisions (1)24
(a), (b), and (c) of this section, the Sex Offender Registration Act25
applies to any person who on or after January 1, 2023:26
(i) Has ever pled guilty to, pled nolo contendere to, or been found27
guilty of human trafficking under subsection (1) or (2) of section28
28-831, and the court determines either by notification of sex offender29
registration responsibilities or notation in the sentencing order that30
the human trafficking was sex trafficking or sex trafficking of a minor31
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and not solely labor trafficking or labor trafficking of a minor; or1
(ii) Has ever pled guilty to, pled nolo contendere to, or been found2
guilty of any offense that is substantially equivalent to a registrable3
offense under subdivision (1)(d)(i) of this section by any village, town,4
city, state, territory, commonwealth, or other jurisdiction of the United5
States, by the United States Government, by court-martial or other6
military tribunal, or by a foreign jurisdiction, notwithstanding a7
procedure comparable in effect to that described under section 29-2264 or8
any other procedure to nullify a conviction other than by pardon.9
(2) A person appealing a conviction of a registrable offense under10
this section shall be required to comply with the act during the appeals11
process. 12
Sec. 10. Section 29-4309, Revised Statutes Supplement, 2025, is13
amended to read: 14
29-4309 For the purposes of the Sexual Assault Victims' Bill of15
Rights Act: 16
(1)(a) Advocate means: 17
(i) Any employee or supervised volunteer of a domestic violence and18
sexual assault victim assistance program or of any other agency,19
business, or organization that is not affiliated with a law enforcement20
or prosecutor's office, whose primary purpose is assisting domestic21
violence and sexual assault victims. This includes employees or22
supervised volunteers of an Indian tribe or a postsecondary educational23
institution; 24
(ii) A representative from a victim and witness assistance center as25
established in sections 81-1845 to 81-1847 or a similar entity affiliated26
with a law enforcement agency or prosecutor's office; or27
(iii) An advocate who is employed by a child advocacy center that28
meets the requirements of subsection (2) of section 28-728.29
(b) If reasonably possible, an advocate shall speak the victim's30
preferred language or use the services of a qualified interpreter;31
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(2) Health care provider means any individual who is licensed,1
certified, or registered to perform specified health services consistent2
with state law; 3
(3) Sexual assault means a violation of section 28-316.01, 28-319,4
28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03,5
28-322.04, 28-322.05, 28-703, or 28-1805 or section 5 of this act , sex6
trafficking or sex trafficking of a minor under section 28-831, or7
subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e),8
or (f) of section 28-707; 9
(4) Sexual assault forensic evidence means evidence collected by a10
health care provider contained within any sexual assault forensic11
evidence collection kit, including a toxicology kit, or any forensic12
evidence collected by law enforcement through the course of an13
investigation; and 14
(5)(a) Sexual assault victim or victim means any person who is a15
victim of sexual assault who reports such sexual assault:16
(i) To a health care provider, law enforcement, or an advocate,17
including anonymous reporting as provided in section 28-902; and18
(ii) In the case of a victim who is under eighteen years of age, to19
the Department of Health and Human Services. 20
(b) Sexual assault victim or victim also includes, if the victim21
described in subdivision (5)(a) of this section is incompetent, deceased,22
or a minor who is unable to consent to counseling services, such victim's23
parent, guardian, or spouse, unless such person is the reported24
assailant. 25
Sec. 11. Section 29-4316, Revised Statutes Supplement, 2025, is26
amended to read: 27
29-4316 (1) For purposes of this section: 28
(a) Criminal justice agency has the same meaning as in section29
29-3509; 30
(b) Sex trafficking means sex trafficking or sex trafficking of a31
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minor in violation of section 28-831; and 1
(c) Sexual assault means a violation of section 28-319, 28-316.01,2
28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03,3
28-322.04, 28-322.05, 28-703, or 28-1805 or section 5 of this act or4
subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e),5
or (f) of section 28-707. 6
(2) Except as provided in subsection (3) of this section, and unless7
otherwise required by statute, a criminal justice agency and any attorney8
involved in the investigation or prosecution of an alleged sexual assault9
or sex trafficking violation shall maintain the confidentiality of the10
identity and personal identifying information of the alleged victim. Such11
information may be shared by such criminal justice agencies and between12
such criminal justice agencies and attorneys as necessary to carry out13
their duties. 14
(3) The confidentiality required by subsection (2) of this section15
does not apply: 16
(a) To the extent waived by the alleged victim;17
(b) If criminal charges involving the alleged sexual assault or sex18
trafficking are filed; 19
(c) If the victim has died as a result of, or in connection with,20
the alleged sexual assault or sex trafficking; 21
(d) In cases where personal identifying information or the identity22
of the victim are released as part of a child abduction alert system used23
by law enforcement agencies, such as the AMBER Alert system;24
(e) To a person making a report of suspected child abuse or neglect25
as required in section 28-711; 26
(f) To the sharing of reports and information regarding child abuse27
and neglect with a child abuse and neglect investigation team or child28
abuse and neglect treatment team provided for in section 28-728;29
(g) To the Department of Health and Human Services and other30
assisting agencies as necessary to carry out their duties in31
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investigations of child abuse or neglect; 1
(h) To communication with an individual that an educational entity,2
as defined in section 79-1201.01, has designated: 3
(i) As a Title IX coordinator; or 4
(ii) To receive reports related to sexual assault or sex trafficking5
or to provide supportive measures related to such reports; or6
(i) To communication with advocates and health care providers as7
defined in section 29-4309. 8
Sec. 12. Section 81-1850, Revised Statutes Supplement, 2025, is9
amended to read: 10
81-1850 (1) For purposes of this section: 11
(a) Covered offense means: 12
(i) Murder in the first degree, section 28-303;13
(ii) Murder in the second degree, section 28-304;14
(iii) Manslaughter, section 28-305; 15
(iv) Motor vehicle homicide, section 28-306; 16
(v) Assault in the first degree, section 28-308;17
(vi) Assault in the second degree, section 28-309;18
(vii) Assault by strangulation or suffocation, section 28-310.01;19
(viii) Terroristic threats, section 28-311.01;20
(ix) Stalking, section 28-311.03; 21
(x) Kidnapping, section 28-313; 22
(xi) False imprisonment in the first degree, section 28-314;23
(xii) Sexual abuse by a school employee, section 28-316.01;24
(xiii) Sexual abuse by a law enforcement officer, section 5 of this25
act; 26
(xiv) (xiii) Sexual assault in the first degree, section 28-319;27
(xv) (xiv) Sexual assault of a child in the first degree, section28
28-319.01; 29
(xvi) (xv) Sexual assault in the second degree, section 28-320;30
(xvii) (xvi) Sexual assault of a child in the second or third31
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degree, section 28-320.01; 1
(xviii) (xvii) Child enticement by means of an electronic2
communication device, section 28-320.02; 3
(xix) Sexual abuse of an inmate or parolee, section 28-322.02;4
(xx) Sexual abuse of an inmate or parolee, section 28-322.03;5
(xxi) (xviii) Sexual abuse of a protected individual, section6
28-322.04; 7
(xxii) Sexual abuse of a detainee, section 28-322.05;8
(xxiii) (xix) Domestic assault in the first or second degree,9
section 28-323; 10
(xxiv) (xx) Sex trafficking, sex trafficking of a minor, labor11
trafficking, or labor trafficking of a minor, section 28-831; or12
(xxv) (xxi) An attempt, solicitation, or conspiracy to commit an13
offense listed in subdivision (1)(a) of this section; and14
(b) Victim has the same meaning as in section 29-119.15
(2)(a) Except as provided in subdivision (2)(b) of this section,16
when a person is convicted of a felony, the county attorney shall forward17
the name and address of any victim of such convicted person to the Board18
of Parole, the Department of Correctional Services, the county19
corrections agency, the Department of Health and Human Services, and the20
Board of Pardons, as applicable. 21
(b) A victim may waive the right to notification under this section22
by notifying the county attorney, in which case the county attorney is23
not required to comply with subdivision (2)(a) of this section.24
(c) The Board of Parole, the Department of Correctional Services,25
the county corrections agency, the Department of Health and Human26
Services, and the Board of Pardons shall include the victim's name in the27
file of the convicted person, but the name shall not be part of the28
public record of any parole or pardons hearings of the convicted person.29
(d) Any victim, including a victim who has waived his or her right30
to notification, may request the notification prescribed in this section,31
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as applicable, by sending a written request to the Board of Parole, the1
Department of Correctional Services, the county corrections agency, the2
Department of Health and Human Services, or the Board of Pardons any time3
after the convicted person is incarcerated and until the convicted person4
is no longer under the jurisdiction of the Board of Parole, the county5
corrections agency, the Department of Correctional Services, or the Board6
of Pardons or, if the convicted person is under the jurisdiction of the7
Department of Health and Human Services, within the three-year period8
after the convicted person is no longer under the jurisdiction of the9
Board of Parole, the county corrections agency, the Department of10
Correctional Services, or the Board of Pardons. 11
(3) A victim whose name appears in the file of the convicted person12
shall be notified by the Board of Parole: 13
(a) Within ninety days after conviction of an offender, of the14
tentative date of release and the earliest parole eligibility date of15
such offender; 16
(b) Of any parole hearings or proceedings; 17
(c) Of any decision of the Board of Parole; 18
(d) When a convicted person who is on parole is returned to custody19
because of parole violations; and 20
(e) If the convicted person has been adjudged a mentally disordered21
sex offender or is a convicted sex offender, when such convicted person22
is released from custody or treatment. 23
Such notification shall be given in person, by telecommunication, or24
by mail. 25
(4) A victim whose name appears in the file of the convicted person26
shall be notified by the Department of Correctional Services or a county27
corrections agency: 28
(a) When a convicted person is granted a furlough or release from29
incarceration for twenty-four hours or longer or any transfer of the30
convicted person to community status; 31
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(b) When a convicted person is released into community-based1
programs, including educational release and work release programs. Such2
notification shall occur at the beginning and termination of any such3
program; 4
(c) When a convicted person escapes or does not return from a5
granted furlough or release and again when the convicted person is6
returned into custody; 7
(d) When a convicted person is discharged from custody upon8
completion of his or her sentence. Such notice shall be given at least9
thirty days before discharge, when practicable; 10
(e) Of the (i) department's calculation of the earliest parole11
eligibility date of the prisoner with all potential good time or12
disciplinary credits considered if the sentence exceeds ninety days or13
(ii) county corrections agency's calculation of the earliest release date14
of the prisoner. The victim may request one notice of the calculation15
described in this subdivision. Such information shall be mailed not later16
than thirty days after receipt of the request; 17
(f) Of any reduction in the prisoner's minimum sentence; and18
(g) Of the victim's right to submit a statement as provided in19
section 81-1848. 20
(5) A victim whose name appears in the file of a convicted person21
shall be notified by the Department of Health and Human Services:22
(a) When a person described in subsection (6) of this section23
becomes the subject of a petition pursuant to the Nebraska Mental Health24
Commitment Act or the Sex Offender Commitment Act prior to his or her25
discharge from custody upon the completion of his or her sentence or26
within thirty days after such discharge. The county attorney who filed27
the petition shall notify the Department of Correctional Services of such28
petition. The Department of Correctional Services shall forward the names29
and addresses of victims appearing in the file of the convicted person to30
the Department of Health and Human Services; and 31
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(b) When a person under a mental health board commitment pursuant to1
subdivision (a) of this subsection: 2
(i) Escapes from an inpatient facility providing board-ordered3
treatment and again when the person is returned to an inpatient facility;4
(ii) Is discharged or has a change in disposition from inpatient5
board-ordered treatment; 6
(iii) Is granted a furlough or release for twenty-four hours or7
longer; and 8
(iv) Is released into educational release programs or work release9
programs. Such notification shall occur at the beginning and termination10
of any such program. 11
(6) Subsection (5) of this section applies to a person convicted of12
a covered offense which is also alleged to be the recent act or threat13
underlying the commitment of such person as mentally ill and dangerous or14
as a dangerous sex offender as defined in section 83-174.01.15
(7) A victim whose name appears in the file of a person convicted of16
a covered offense shall be notified, via certified mail, by the Board of17
Pardons: 18
(a) Of any pardon or commutation proceedings at least thirty19
calendar days prior to the proceedings; and 20
(b) If a pardon or commutation has been granted, within ten days21
after such granting. 22
(8) The Board of Parole, the Department of Correctional Services,23
the Department of Health and Human Services, and the Board of Pardons24
shall adopt and promulgate rules and regulations as needed to carry out25
this section. 26
(9) The victim's address and telephone number maintained by the27
Department of Correctional Services, the Department of Health and Human28
Services, the county corrections agency, the Board of Parole, and the29
Board of Pardons pursuant to subsection (2) of this section shall be30
exempt from disclosure under Nebraska public records laws and federal31
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freedom of information laws, as such federal laws existed on January 1,1
2004. 2
Sec. 13. Section 83-4,143, Reissue Revised Statutes of Nebraska, is3
amended to read: 4
83-4,143 (1) It is the intent of the Legislature that the Board of5
Parole may recommend placement of felony offenders at the incarceration6
work camp. The offenders recommended by the board shall be offenders7
currently housed at other Department of Correctional Services adult8
correctional facilities and shall complete the incarceration work camp9
programming prior to release on parole. 10
(2) When the Board of Parole is of the opinion that a felony11
offender currently incarcerated in a Department of Correctional Services12
adult correctional facility may benefit from a brief and intensive period13
of regimented, structured, and disciplined programming immediately prior14
to release on parole, the board may direct placement of such an offender15
in an incarceration work camp for a period not to exceed one hundred16
eighty days as a condition of release on parole. The board may consider17
such placement if the felony offender (a) is medically and mentally fit18
to participate, with allowances given for reasonable accommodation as19
determined by medical and mental health professionals, and (b) has not20
previously been incarcerated for a violent felony crime , and (c) is not21
incarcerated for a covered offense. Offenders convicted of a crime under22
sections 28-319 to 28-322.05 or of any capital crime are not eligible to23
be placed in an incarceration work camp. 24
(3) The Director of Correctional Services may assign a felony25
offender to an incarceration work camp if he or she believes it is in the26
best interests of the felony offender and of society, except that27
offenders incarcerated for covered offenses convicted of a crime under28
sections 28-319 to 28-322.05 or of any capital crime are not eligible to29
be assigned to an incarceration work camp pursuant to this subsection.30
(4) For purposes of this section, covered offense means:31
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(a) A capital crime; or 1
(b) A violation of section 28-316 or section 5 of this act or2
sections 28-319 to 28-322.05. 3
Sec. 14. Section 84-941.01, Reissue Revised Statutes of Nebraska, is4
amended to read: 5
84-941.01 Potentially disqualifying conviction includes a conviction6
for: 7
(1) Criminal attempt as provided in section 28-201, conspiracy as8
provided in section 28-202, or aiding and abetting as provided in section9
28-206, to commit an offense listed in this section;10
(2) Murder as provided in sections 28-303 or 28-304;11
(3) Manslaughter as provided in section 28-305;12
(4) Motor vehicle homicide as provided in section 28-306;13
(5) Assault in the first or second degree as provided in sections14
28-308 and 28-309; 15
(6) Terroristic threats as provided in section 28-311.01;16
(7) Stalking as provided in section 28-311.03;17
(8) Kidnapping as provided in section 28-313;18
(9) False imprisonment as provided in sections 28-314 and 28-315;19
(10) A sexual act subject to criminal penalties as provided in20
section 28-316.01 or section 5 of this act or sections 28-317 to21
28-322.05; 22
(11) Domestic assault as provided in section 28-323;23
(12) Robbery as provided in section 28-324; 24
(13) Arson as provided in sections 28-502, 28-503, and 28-504;25
(14) Fraud subject to criminal penalties as provided in sections26
28-505, 28-631, 28-638, 28-639, 28-640, and 28-935;27
(15) Theft as provided in sections 28-511, 28-512, 28-513, and28
28-515; 29
(16) Forgery as provided in sections 28-602 and 28-603;30
(17) Incest as provided in section 28-703; 31
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(18) Child abuse as provided in section 28-707;1
(19) Human trafficking, labor trafficking, sex trafficking, labor2
trafficking of a minor, or sex trafficking of a minor as provided in3
section 28-831; 4
(20) False reporting as provided in section 28-907;5
(21) Perjury as provided in section 28-915; 6
(22) Assault on an officer, an emergency responder, certain7
employees, or a health care professional in the first degree as provided8
in section 28-929; 9
(23) Assault on an officer, an emergency responder, certain10
employees, or a health care professional in the second degree as provided11
in section 28-930; 12
(24) Assault on an officer, an emergency responder, certain13
employees, or a health care professional in the third degree as provided14
in section 28-931; 15
(25) Assault on an officer, an emergency responder, certain16
employees, or a health care professional using a motor vehicle as17
provided in section 28-931.01; 18
(26) An offense that has as an element the threat to inflict serious19
bodily injury as defined in section 28-109 or death on another person,20
the intentional infliction of serious bodily injury as defined in section21
28-109 on another person, or intentionally causing the death of another22
person; 23
(27) An offense for which registration is required under the Sex24
Offender Registration Act; or 25
(28) Any offense under the laws of another jurisdiction that is26
substantially equivalent to any of the offenses listed in this section.27
Sec. 15. Original sections 83-4,143 and 84-941.01, Reissue Revised28
Statutes of Nebraska, section 27-404, Revised Statutes Cumulative29
Supplement, 2024, and sections 26-102, 27-413, 28-101, 28-318, 28-712.01,30
28-1701, 29-4003, 29-4309, 29-4316, and 81-1850, Revised Statutes31
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Supplement, 2025, are repealed. 1
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