The official site of the Nebraska Unicameral Legislature

LEGISLATIVE BILL 965
Approved by the Governor April 16, 2026

Introduced by Bostar, 29; Hallstrom, 1.

A BILL FOR AN ACT relating to law; to amend sections 28-322.02, 28-322.03,
28-323, 28-508, 28-610, 28-703, 29-3901, 29-3904, 29-3905, 29-3918,
43-273, 43-2923, 71-946, 71-947, 71-948, 83-4,143, and 84-941.01, Reissue
Revised Statutes of Nebraska, sections 27-404, 28-115, 28-310.01,
28-322.01, 29-3903, 29-3922, and 43-272, Revised Statutes Cumulative
Supplement, 2024, and sections 26-118, 27-413, 28-101, 28-318, 28-322,
28-470, 28-712.01, 28-1205, 28-1701, 29-4003, 29-4309, 29-4316, and
81-1850, Revised Statutes Supplement, 2025; to change provisions relating
to penalties for violations of domestic abuse and sexual abuse protection
orders; to prohibit sexual abuse of a probationer or problem solving court
participant, sexual abuse by a conservator, guardian, or guardian ad
litem, and sexual abuse by a child welfare service provider; to define and
redefine terms; to change provisions relating to the elements and
penalties for the offense of domestic assault and the penalties for the
offense of assault by strangulation or suffocation; to transfer and change
provisions relating to sexual abuse of an inmate or parolee; to provide
immunity to probation employees for administration of opioid overdose
reversal medication; to change provisions relating to the offense of
possession of burglar's tools; to change provisions related to the offense
of incest; to change the penalty for impersonating a police officer; to
provide requirements relating to Brady-Giglio disclosures; to prohibit
retaliation; to provide confidentiality for officers; to provide duties
for prosecuting agencies and public safety agencies; to require
registration under the Sex Offender Registration Act; to require courts to
appoint county conflict counsel when the public defender is unavailable as
prescribed; to change provisions relating to allowance of fees for
counsel; to require courts to consider certain evidence in determining the
best interest of the child; to change offenses included with certain
victim notification requirements; to harmonize provisions; to provide
operative dates; to provide severability; and to repeal the original
sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 26-118, Revised Statutes Supplement, 2025, is amended
to read:
26-118 (1) Any person, except the petitioner, who knowingly violates a
protection order issued pursuant to the Protection Orders Act, after service or
notice as described in subsection (4) of section 26-114, or a valid foreign
protection order recognized pursuant to section 26-123 or 26-124, shall be
guilty of an offense and punished as provided in this section.
(2) For a violation involving a domestic abuse protection order, a sexual
assault protection order, a valid foreign domestic abuse protection order
recognized pursuant to section 26-123, or a valid foreign sexual assault
protection order recognized pursuant to section 26-124, a violation of this
section is a:
(a) Class I misdemeanor for a first offense; and a
(b) Class IV felony for a any second or subsequent offense; .
(c) Class IIIA felony for a third offense; and
(d) Class IIA felony for any fourth or subsequent offense.
(3) For a violation of a harassment protection order or a valid foreign
harassment protection order recognized pursuant to section 26-124, a violation
of this section is a Class II misdemeanor for a first offense and a Class I
misdemeanor for any second or subsequent offense.
Sec. 2. Section 27-404, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
27-404 (1) Evidence of a person's character or a trait of his or her
character is not admissible for the purpose of proving that he or she acted in
conformity therewith on a particular occasion, except:
(a) Evidence of a pertinent trait of his or her character offered by an
accused, or by the prosecution to rebut the same;
(b) Evidence of a pertinent trait of character of the victim of the crime
offered by an accused or by the prosecution to rebut the same, or evidence of a
character trait of peacefulness of the victim offered by the prosecution in a
homicide case to rebut evidence that the victim was the first aggressor. In a
sexual assault case, reputation, opinion, or other evidence of past sexual
behavior of the victim is governed by section 27-412; or
(c) Evidence of the character of a witness as provided in sections 27-607
to 27-609.
(2) Evidence of other crimes, wrongs, or acts is not admissible to prove
the character of a person in order to show that he or she acted in conformity
therewith. It may, however, be admissible for other purposes, such as proof of
motive, opportunity, intent, preparation, plan, knowledge, identity, or absence
of mistake or accident.
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(3) When such evidence is admissible pursuant to this section, in criminal
cases evidence of other crimes, wrongs, or acts of the accused may be offered
in evidence by the prosecution if the prosecution proves to the court by clear
and convincing evidence that the accused committed the crime, wrong, or act.
Such proof shall first be made outside the presence of any jury.
(4) Regarding the admissibility in a civil or criminal action of evidence
of a person's commission of another offense or offenses of sexual assault under
sections 28-316.01 and 28-319 to 28-322.05 and sections 12 and 13 of this act,
see sections 27-413 to 27-415.
Sec. 3. Section 27-413, Revised Statutes Supplement, 2025, is amended to
read:
27-413 For purposes of sections 27-414 and 27-415, offense of sexual
assault means:
(1) Sexual sexual assault under section 28-319 or 28-320; ,
(2) Sexual sexual abuse by a school worker under section 28-316.01; ,
(3) Sexual sexual assault of a child under section 28-319.01 or
28-320.01; ,
(4) Sexual sexual assault by use of an electronic communication device
under section 28-320.02; ,
(5) Sexual sexual abuse of an inmate , a or parolee, a probationer, or a
problem solving court participant under sections 28-322.01 to 28-322.03; ,
(6) Sexual sexual abuse of a protected individual under section
28-322.04; ,
(7) Sexual sexual abuse of a detainee under section 28-322.05; ,
(8) Sexual abuse by a conservator, guardian, or guardian ad litem under
section 12 of this act;
(9) Sexual abuse by a child welfare service provider under section 13 of
this act;
(10) An an attempt or conspiracy to commit any of the crimes listed in
this section; , or
(11) The the commission of or conviction for a crime in another
jurisdiction that is substantially similar to any crime listed in this section.
Sec. 4. Section 28-101, Revised Statutes Supplement, 2025, is amended to
read:
28-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-1701 and
sections 12 and 13 of this act shall be known and may be cited as the Nebraska
Criminal Code.
Sec. 5. Section 28-115, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
28-115 (1) Except as provided in subsection (2) of this section, any
person who commits any of the following criminal offenses against a pregnant
woman shall be punished by the imposition of the next higher penalty
classification than the penalty classification prescribed for the criminal
offense:
(a) Assault in the first degree, section 28-308;
(b) Assault in the second degree, section 28-309;
(c) Assault in the third degree, section 28-310;
(d) Assault by strangulation or suffocation, section 28-310.01;
(e) Sexual assault in the first degree, section 28-319;
(f) Sexual assault in the second or third degree, section 28-320;
(g) Sexual assault of a child in the first degree, section 28-319.01;
(h) Sexual assault of a child in the second or third degree, section
28-320.01;
(i) Sexual abuse of an inmate , a or parolee, a probationer, or a problem
solving court participant in the first degree, section 28-322.02;
(j) Sexual abuse of an inmate , a or parolee, a probationer, or a problem
solving court participant in the second degree, section 28-322.03;
(k) Sexual abuse of a protected individual in the first or second degree,
section 28-322.04;
(l) Sexual abuse of a detainee in the first or second degree, under
section 28-322.05;
(m) Sexual abuse by a conservator, guardian, or guardian ad litem in the
first or second degree, section 12 of this act;
(n) Sexual abuse by a child welfare service provider in the first or
second degree, section 13 of this act;
(o) (m) Domestic assault in the first, second, or third degree, section
28-323;
(p) (n) Assault on an officer, an emergency responder, a state
correctional employee, a Department of Health and Human Services employee, or a
health care professional in the first degree, section 28-929;
(q) (o) Assault on an officer, an emergency responder, a state
correctional employee, a Department of Health and Human Services employee, or a
health care professional in the second degree, section 28-930;
(r) (p) Assault on an officer, an emergency responder, a state
correctional employee, a Department of Health and Human Services employee, or a
health care professional in the third degree, section 28-931;
(s) (q) Assault on an officer, an emergency responder, a state
correctional employee, a Department of Health and Human Services employee, or a
health care professional using a motor vehicle, section 28-931.01;
(t) (r) Assault by a confined person, section 28-932;
(u) (s) Confined person committing offenses against another person,
section 28-933; and
(v) (t) Proximately causing serious bodily injury while operating a motor
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vehicle, section 60-6,198.
(2) The enhancement in subsection (1) of this section does not apply to
any criminal offense listed in subsection (1) of this section that is already
punishable as a Class I, IA, or IB felony. If any criminal offense listed in
subsection (1) of this section is punishable as a Class I misdemeanor, the
penalty under this section is a Class IIIA felony.
(3) The prosecution shall allege and prove beyond a reasonable doubt that
the victim was pregnant at the time of the offense.
Sec. 6. Section 28-310.01, Revised Statutes Cumulative Supplement, 2024,
is amended to read:
28-310.01 (1) A person commits the offense of assault by strangulation or
suffocation if the person knowingly and intentionally:
(a) Impedes the normal breathing or circulation of the blood of another
person by applying pressure on the throat or neck of the other person; or
(b) Impedes the normal breathing of another person by covering the mouth
and nose of the person.
(2) An offense is committed under this section regardless of whether a
visible injury resulted.
(3) Except as provided in subsection (4) of this section, a violation of
this section is a Class IIIA felony.
(4) A violation of this section is a Class IIA felony if:
(a) The person used or attempted to use a dangerous instrument while
committing the offense;
(b) The person caused serious bodily injury to the other person while
committing the offense; or
(c) The person has been previously convicted:
(i) Of of a violation of this section; or .
(ii) In any other state or federal court of a criminal offense with
essentially the same elements as a violation of this section.
(5) It is an affirmative defense that an act constituting strangulation or
suffocation was the result of a legitimate medical procedure.
Sec. 7. Section 28-318, Revised Statutes Supplement, 2025, is amended to
read:
28-318 As used in sections 28-317 to 28-322.05 and sections 12 and 13 of
this act, unless the context otherwise requires:
(1) Actor means a person accused of sexual assault;
(2) Intimate parts means the genital area, groin, inner thighs, buttocks,
or breasts;
(3) Past sexual behavior means sexual behavior other than the sexual
behavior upon which the sexual assault is alleged;
(4) Serious personal injury means great bodily injury or disfigurement,
extreme mental anguish or mental trauma, pregnancy, disease, or loss or
impairment of a sexual or reproductive organ;
(5) Sexual contact means the intentional touching of the victim's sexual
or intimate parts or the intentional touching of the victim's clothing covering
the immediate area of the victim's sexual or intimate parts. Sexual contact
also means the touching by the victim of the actor's sexual or intimate parts
or the clothing covering the immediate area of the actor's sexual or intimate
parts when such touching is intentionally caused by the actor. Sexual contact
includes only such conduct which can be reasonably construed as being for the
purpose of sexual arousal or gratification of either party. Sexual contact also
includes the touching of a child with the actor's sexual or intimate parts on
any part of the child's body for purposes of sexual abuse by a school worker
under section 28-316.01 or sexual assault of a child under sections 28-319.01
and 28-320.01;
(6) Sexual penetration means sexual intercourse in its ordinary meaning,
cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of
any part of the actor's or victim's body or any object manipulated by the actor
into the genital or anal openings of the victim's body which can be reasonably
construed as being for nonmedical, nonhealth, or nonlaw enforcement purposes.
Sexual penetration shall not require emission of semen;
(7) Victim means the person alleging to have been sexually assaulted;
(8) Without consent means:
(a)(i) The victim was compelled to submit due to the use of force or
threat of force or coercion, or (ii) the victim expressed a lack of consent
through words, or (iii) the victim expressed a lack of consent through conduct,
or (iv) the consent, if any was actually given, was the result of the actor's
deception as to the identity of the actor or the nature or purpose of the act
on the part of the actor;
(b) The victim need only resist, either verbally or physically, so as to
make the victim's refusal to consent genuine and real and so as to reasonably
make known to the actor the victim's refusal to consent; and
(c) A victim need not resist verbally or physically where it would be
useless or futile to do so; and
(9) Force or threat of force means (a) the use of physical force which
overcomes the victim's resistance or (b) the threat of physical force, express
or implied, against the victim or a third person that places the victim in fear
of death or in fear of serious personal injury to the victim or a third person
where the victim reasonably believes that the actor has the present or future
ability to execute the threat.
Sec. 8. Section 28-322, Revised Statutes Supplement, 2025, is amended to
read:
28-322 For purposes of sections 28-322 to 28-322.03:
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(1) Department means the Department of Correctional Services;
(2) (1) Inmate or parolee means any individual confined in a facility
operated by the department Department of Correctional Services or a city or
county correctional or jail; facility or
(3) Jail means any jail or correctional facility of a city or county;
(4) Office means the Office of Probation Administration;
(5) Parolee means any individual under parole supervision; and
(6) (2) Person means:
(a) Any an individual employed by the department Department of
Correctional Services , including any individual working in central
administration of the department, any individual working under contract with
the department, and any individual , other than an inmate's spouse, to whom the
department has authorized or delegated control over an inmate or an inmate's
activities; ,
(b) Any an individual employed by a city or county correctional or jail
facility, including any individual working in central administration of the
city or county correctional or jail facility, any individual working under
contract with the city or county correctional or jail facility, and any
individual , other than an inmate's spouse, to whom the city or county
correctional or jail facility has authorized or delegated control over an
inmate or an inmate's activities; , and
(c) Any an individual employed by the office, including, but not limited
to:
(i) Any probation officer, chief probation officer, juvenile probation
officer, or juvenile intake probation officer, as those terms are defined in
section 29-2246; or
(ii) Any individual:
(A) Working in probation administration or for any probation district;
(B) Working within any problem solving court under the purview of the
office; or
(C) To whom the office or a problem solving court has authorized or
delegated control over a probationer or problem solving court participant, or
such person's activities, whether by contract or otherwise; Office of Probation
Administration who performs official duties within any facility operated by the
Department of Correctional Services or a city or county correctional or jail
facility.
(7) Probationer means:
(a) Any individual under probation supervision, including, but not limited
to, as a result of a sentence of probation or post-release supervision,
pursuant to a deferred judgment, or pursuant to the Nebraska Juvenile Code; or
(b) Any individual subject to a presentence or predisposition
investigation being completed by the office or subject to a probation intake;
and
(8) Problem solving court participant means a criminal defendant or
juvenile participating in any problem solving court program.
Sec. 9. Section 28-322.01, Revised Statutes Cumulative Supplement, 2024,
is amended to read:
28-322.01 (1) A person commits the offense of sexual abuse of an inmate , a
or parolee, a probationer, or a problem solving court participant if such
person subjects an inmate , a or parolee, a probationer, or a problem solving
court participant to sexual penetration or sexual contact as those terms are
defined in section 28-318.
(2) It is not a defense to a charge under this section that the inmate , or
parolee, probationer, or problem solving court participant consented to such
sexual penetration or sexual contact.
(3) (2) An otherwise lawful pat-down or body cavity search by a person is
not a violation of this section.
(4) Sexual contact or sexual penetration between spouses is not a
violation of this section.
Sec. 10. Section 28-322.02, Reissue Revised Statutes of Nebraska, is
amended to read:
28-322.02 Any person who subjects an inmate , a or parolee, a probationer,
or a problem solving court participant to sexual penetration in violation of
section 28-322.01 is guilty of sexual abuse of an inmate , a or parolee, a
probationer, or a problem solving court participant in the first degree. Sexual
abuse of an inmate , a or parolee, a probationer, or a problem solving court
participant in the first degree is a Class IIA felony.
Sec. 11. Section 28-322.03, Reissue Revised Statutes of Nebraska, is
amended to read:
28-322.03 Any person who subjects an inmate , a or parolee, a probationer,
or a problem solving court participant to sexual contact in violation of
section 28-322.01 is guilty of sexual abuse of an inmate , a or parolee, a
probationer, or a problem solving court participant in the second degree.
Sexual abuse of an inmate , a or parolee, a probationer, or a problem solving
court participant in the second degree is a Class IIIA felony.
Sec. 12. (1) A conservator, guardian, or guardian ad litem shall not
subject any individual whom he or she has been appointed to serve as a
conservator, guardian, or guardian ad litem to sexual penetration or sexual
contact.
(2) It is not a defense to a charge under this section that such
individual consented to such sexual penetration or sexual contact.
(3) Sexual contact or sexual penetration between spouses is not a
violation of this section.
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(4) A conservator, guardian, or guardian ad litem who subjects an
individual to sexual penetration in violation of this section is guilty of
sexual abuse by a conservator, guardian, or guardian ad litem in the first
degree. Such offense is a Class IIA felony.
(5) A conservator, guardian, or guardian ad litem who subjects an
individual to sexual contact in violation of this section is guilty of sexual
abuse by a conservator, guardian, or guardian ad litem in the second degree.
Such offense is a Class IIIA felony.
Sec. 13. (1) For purposes of this section:
(a) Child welfare service provider means any:
(i) Individual or entity providing child welfare services, including, but
not limited to, any person with a contract or agreement with the Department of
Health and Human Services to provide child welfare services; and
(ii) An agent or employee of an individual or entity described in
subdivision (1)(a)(i) of this section; and
(b) Minor means an individual who is under nineteen years of age.
(2) A child welfare service provider shall not subject any minor receiving
child welfare services from such provider or who is otherwise in such
provider's care, custody, or control to sexual penetration or sexual contact.
(3) It is not a defense to a charge under this section that such minor
consented to such sexual penetration or sexual contact.
(4) A child welfare service provider who subjects a minor to sexual
penetration in violation of this section is guilty of sexual abuse by a child
welfare service provider in the first degree. Such offense is a Class IIA
felony.
(5) A child welfare service provider who subjects a minor to sexual
contact in violation of this section is guilty of sexual abuse by a child
welfare service provider in the second degree. Such offense is a Class IIIA
felony.
Sec. 14. Section 28-323, Reissue Revised Statutes of Nebraska, is amended
to read:
28-323 (1) A person commits the offense of domestic assault in the third
degree if he or she:
(a) Intentionally , and knowingly, or recklessly causes bodily injury to
his or her intimate partner; or
(b) Threatens an intimate partner with imminent bodily injury. ; or
(c) Threatens an intimate partner in a menacing manner.
(2) A person commits the offense of domestic assault in the second degree
if he or she:
(a) Intentionally intentionally and knowingly causes bodily injury to his
or her intimate partner with a dangerous instrument; or .
(b) Recklessly causes serious bodily injury to his or her intimate partner
with a dangerous instrument.
(3) A person commits the offense of domestic assault in the first degree
if he or she intentionally and knowingly causes serious bodily injury to his or
her intimate partner.
(4) A violation of subsection (1) of this section is a Class I
misdemeanor, except that such violation shall be punished as a:
(a) Class IIIA felony if the person has one previous conviction for a
violation of subsection (1), (2), or (3) of this section or a substantially
equivalent offense; or
(b) Class IIA felony if the person has previously been convicted two or
more times for any violation of subsection (1), (2), or (3) of this section or
any substantially equivalent offense.
(5) A violation of subsection (2) of this section is a Class IIA felony,
except that such violation shall be punished as a Class II felony if such
person has one or more previous convictions for a violation of subsection (2)
or (3) of this section or a substantially equivalent offense.
(6) A violation of subsection (3) of this section is a Class ID felony,
except that such violation shall be punished as a Class IB felony with a
mandatory minimum sentence of fifteen years' imprisonment if such person has
one or more previous convictions for a violation of subsection (3) of this
section or a substantially equivalent offense.
(4) Violation of subdivision (1)(a) or (b) of this section is a Class I
misdemeanor, except that for any subsequent violation of subdivision (1)(a) or
(b) of this section, any person so offending is guilty of a Class IIIA felony.
(5) Violation of subdivision (1)(c) of this section is a Class I
misdemeanor.
(6) Violation of subsection (2) of this section is a Class IIIA felony,
except that for any second or subsequent violation of such subsection, any
person so offending is guilty of a Class IIA felony.
(7) Violation of subsection (3) of this section is a Class IIA felony,
except that for any second or subsequent violation under such subsection, any
person so offending is guilty of a Class II felony.
(7) (8) For purposes of this section: ,
(a) Dating relationship means frequent, intimate associations primarily
characterized by the expectation of affectional or sexual involvement, but does
not include a casual relationship or an ordinary association between persons in
a business or social context;
(b) Intimate intimate partner means a spouse; a former spouse; persons who
have a child in common whether or not they have been married or lived together
at any time; and persons who are or were involved in a dating relationship ;
and . For purposes of this subsection, dating relationship means frequent,
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intimate associations primarily characterized by the expectation of affectional
or sexual involvement, but does not include a casual relationship or an
ordinary association between persons in a business or social context.
(c) Substantially equivalent offense means a violation of law that:
(i) Is a criminal offense under federal law or the law of another state;
and
(ii) Has essentially the same elements as the violation of this section to
which it is being compared.
Sec. 15. Section 28-470, Revised Statutes Supplement, 2025, is amended to
read:
28-470 (1) A health professional who is authorized to prescribe or
dispense an opioid overdose reversal medication, if acting with reasonable
care, may prescribe, administer, or dispense such medication to any of the
following persons without being subject to administrative action or criminal
prosecution:
(a) A person who is apparently experiencing or who is likely to experience
an opioid-related overdose; or
(b) A family member, friend, or other person in a position to assist a
person who is apparently experiencing or who is likely to experience an opioid-
related overdose.
(2) A family member, friend, or any other person, including school
personnel, who is in a position to assist a person who is apparently
experiencing or who is likely to experience an opioid-related overdose, other
than an emergency responder or peace officer, is not subject to actions under
the Uniform Credentialing Act, administrative action, or criminal prosecution
if the person, acting in good faith:
(a) Obtains an opioid overdose reversal medication from a health
professional, pursuant to a prescription, or over the counter; and
(b) Administers such medication to a person who is apparently experiencing
an opioid-related overdose.
(3) An emergency responder who, acting in good faith, obtains an opioid
overdose reversal medication from the emergency responder's emergency medical
service organization and administers such medication to a person who is
apparently experiencing an opioid-related overdose shall not be:
(a) Subject to administrative action or criminal prosecution; or
(b) Personally liable in any civil action to respond in damages as a
result of his or her acts of commission or omission arising out of and in the
course of his or her rendering such care or services or arising out of his or
her failure to act to provide or arrange for further medical treatment or care
for the person who is apparently experiencing an opioid-related overdose,
unless the emergency responder caused damage or injury by his or her willful,
wanton, or grossly negligent act of commission or omission. This subdivision
shall not affect the liability of such emergency medical service organization
for the emergency responder's acts of commission or omission.
(4) A peace officer or law enforcement employee who, acting in good faith,
obtains an opioid overdose reversal medication from the peace officer's or
employee's law enforcement agency and administers such medication to a person
who is apparently experiencing an opioid-related overdose shall not be:
(a) Subject to administrative action or criminal prosecution; or
(b) Personally liable in any civil action to respond in damages as a
result of his or her acts of commission or omission arising out of and in the
course of his or her rendering such care or services or arising out of his or
her failure to act to provide or arrange for further medical treatment or care
for the person who is apparently experiencing an opioid-related overdose,
unless the peace officer or employee caused damage or injury by his or her
willful, wanton, or grossly negligent act of commission or omission. This
subdivision shall not affect the liability of such law enforcement agency for
the peace officer's or employee's acts of commission or omission.
(5) A probation employee who, acting in good faith, obtains an opioid
overdose reversal medication in accordance with the policies of the Office of
Probation Administration and administers such medication to a person who is
apparently experiencing an opioid-related overdose shall not be:
(a) Subject to administrative action or criminal prosecution; or
(b) Personally liable in any civil action to respond in damages as a
result of his or her acts of commission or omission arising out of and in the
course of his or her rendering such care or services or arising out of his or
her failure to act to provide or arrange for further medical treatment or care
for the person who is apparently experiencing an opioid-related overdose,
unless the employee caused damage or injury by his or her willful, wanton, or
grossly negligent act of commission or omission. This subdivision shall not
affect the liability of the office for such employee's acts of commission or
omission.
(6) (5) For purposes of this section:
(a) Administer has the same meaning as in section 38-2806;
(b) Dispense has the same meaning as in section 38-2817;
(c) Emergency responder means an emergency medical responder, an emergency
medical technician, an advanced emergency medical technician, or a paramedic
licensed under the Emergency Medical Services Practice Act or practicing
pursuant to the EMS Personnel Licensure Interstate Compact;
(d) Health professional means a physician, physician assistant, nurse
practitioner, or pharmacist licensed under the Uniform Credentialing Act;
(e) Law enforcement agency means a police department, a town marshal, the
office of sheriff, or the Nebraska State Patrol;
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(f) Law enforcement employee means an employee of a law enforcement
agency, a contractor of a law enforcement agency, or an employee of such
contractor who regularly, as part of his or her duties, handles, processes, or
is likely to come into contact with any evidence or property which may include
or contain opioids;
(g) Opioid overdose reversal medication means any lifesaving medication
approved by the United States Food and Drug Administration for reversing an
opioid overdose, whether obtained by prescription, from a health professional,
or over the counter, and includes, but is not limited to, naloxone and
nalmefene; and
(h) Peace officer has the same meaning as in section 49-801; and .
(i) Probation employee means a probation officer, chief probation officer,
juvenile probation officer, or juvenile intake probation officer, as those
terms are defined in section 29-2246.
Sec. 16. Section 28-508, Reissue Revised Statutes of Nebraska, is amended
to read:
28-508 (1) A person commits the offense of possession of burglar's tools
if such person:
(a) Knowingly He knowingly possesses any explosive, tool, instrument, key
or lock adopted by a postal service for any box or other authorized receptacle
for the deposit or delivery of mail, or other article adapted, designed, or
commonly used for committing or facilitating the commission of an offense
involving forcible entry into premises or theft by a physical taking; and
(b) Intends He intends to use the explosive, tool, instrument, key, lock,
or article, or knows some person intends ultimately to use it, in the
commission of an offense of the nature described in subdivision (1)(a) of this
section.
(2) Possession of burglar's tools is a Class IV felony.
Sec. 17. Section 28-610, Reissue Revised Statutes of Nebraska, is amended
to read:
28-610 (1) A person commits the offense of impersonating a peace officer
if he or she falsely pretends to be a peace officer and performs any act in
that pretended capacity.
(2) Impersonating a peace officer is a Class IV felony I misdemeanor.
Sec. 18. Section 28-703, Reissue Revised Statutes of Nebraska, is amended
to read:
28-703 (1) A Any person commits the offense of incest if he or she who
shall knowingly:
(a) Intermarries or engages intermarry or engage in sexual penetration or
sexual contact with any person who falls within the degrees of consanguinity
set forth in section 28-702;
(b) Engages or any person who engages in sexual penetration or sexual
contact with his or her stepchild who is under nineteen years of age ; or
commits incest.
(c) Engages in sexual penetration or sexual contact with his or her
adopted child or foster child.
(2) Incest is a Class III felony, except that incest with a person who is
under eighteen years of age is a Class IIA felony.
(3) (3)(a) For purposes of this section, the definitions found in section
28-318 shall be used.
(4) (b) The testimony of a victim shall be entitled to the same weight as
the testimony of victims of other crimes under this code.
Sec. 19. Section 28-712.01, Revised Statutes Supplement, 2025, is amended
to read:
28-712.01 (1)(a) The department may assign a report for alternative
response consistent with the Child Protection and Family Safety Act.
(b) No report involving any of the following shall be assigned to
alternative response but shall be immediately forwarded to law enforcement or
the county attorney:
(i) Murder in the first or second degree as defined in section 28-303 or
28-304 or manslaughter as defined in section 28-305;
(ii) Assault in the first, second, or third degree or assault by
strangulation or suffocation as defined in section 28-308, 28-309, 28-310, or
28-310.01;
(iii) Sexual abuse, including acts prohibited by section 28-319,
28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03,
28-322.04, 28-322.05, 28-703, or 28-707 or section 12 or 13 of this act;
(iv) Labor trafficking of a minor or sex trafficking of a minor as defined
in section 28-830;
(v) Neglect of a minor child that results in serious bodily injury as
defined in section 28-109, requires hospitalization of the child, or results in
an injury to the child that requires ongoing medical care, behavioral health
care, or physical or occupational therapy, including a growth delay, which may
be referred to as failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;
(vi) Physical abuse to the head or torso of a child or physical abuse that
results in bodily injury;
(vii) An allegation that requires a forensic interview at a child advocacy
center or coordination with the child abuse and neglect investigation team
pursuant to section 28-728;
(viii) Out-of-home child abuse or neglect;
(ix) An allegation being investigated by a law enforcement agency at the
time of the assignment;
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(x) A history of termination of parental rights;
(xi) Absence of a caretaker without having given an alternate caregiver
authority to make decisions and grant consents for necessary care, treatment,
and education of a child or without having made provision to be contacted to
make such decisions or grant such consents;
(xii) Domestic violence involving a caretaker in situations in which the
alleged perpetrator has access to the child or caretaker;
(xiii) A household member illegally manufactures methamphetamine or
opioids;
(xiv) A child has had contact with methamphetamine or other nonprescribed
opioids, including a positive drug screening or test; or
(xv) For a report involving an infant, a household member tests positive
for methamphetamine or nonprescribed opioids at the birth of such infant.
(c) The department may adopt and promulgate rules and regulations to (i)
provide additional ineligibility criteria for assignment to alternative
response and (ii) establish additional criteria requiring review by the Review,
Evaluate, and Decide Team.
(d) A report that includes any of the following may be eligible for
alternative response but shall first be reviewed by the Review, Evaluate, and
Decide Team prior to assignment to alternative response:
(i) Domestic assault as defined in section 28-323 or domestic violence in
the family home;
(ii) Use of alcohol or controlled substances as defined in section 28-401
or 28-405 by a caregiver that impairs the caregiver's ability to care and
provide safety for the child; or
(iii) A family member residing in the home or a caregiver that has been
the subject of a report accepted for traditional response or assigned to
alternative response in the past six months.
(2) The Review, Evaluate, and Decide Team shall convene to review reports
pursuant to the department's rules, regulations, and policies, to evaluate the
information, and to determine assignment for alternative response or
traditional response. The team shall utilize consistent criteria to review the
severity of the allegation of child abuse or neglect, access to the
perpetrator, vulnerability of the child, family history including previous
reports, parental cooperation, parental or caretaker protective factors, and
other information as deemed necessary. At the conclusion of the review, the
report shall be assigned to either traditional response or alternative
response. Decisions of the team shall be made by consensus. If the team cannot
come to consensus, the report shall be assigned for a traditional response.
(3) In the case of an alternative response, the department shall complete
a comprehensive assessment. The department shall transfer the case being given
alternative response to traditional response if the department determines that
a child is unsafe or if the concern for the safety of the child is due to a
temporary living arrangement. Upon completion of the comprehensive assessment,
if it is determined that the child is safe, participation in services offered
to the family receiving an alternative response is voluntary, the case shall
not be transferred to traditional response based upon the family's failure to
enroll or participate in such services, and the subject of the report shall not
be entered into the central registry of child protection cases maintained
pursuant to section 28-718.
(4) The department shall, by the next working day after receipt of a
report of child abuse or neglect, enter into the tracking system of child
protection cases maintained pursuant to section 28-715 all reports of child
abuse or neglect received under this section that are opened for alternative
response and any action taken.
(5) The department shall make available to the appropriate investigating
law enforcement agency, child advocacy center, and county attorney a copy of
all reports relative to a case of suspected child abuse or neglect. Aggregate,
nonidentifying data regarding reports of child abuse or neglect receiving an
alternative response shall be made available quarterly to requesting agencies
outside the department. Such alternative response data shall include, but not
be limited to, the nature of the initial child abuse or neglect report, the age
of the child or children, the nature of services offered, the location of the
cases, the number of cases per month, and the number of alternative response
cases that were transferred to traditional response. Other than the office of
Inspector General of Nebraska Child Welfare, the Public Counsel, law
enforcement agency personnel, child advocacy center employees, and county
attorneys, no other agency or individual shall be provided specific,
identifying reports of child abuse or neglect being given alternative response.
The office of Inspector General of Nebraska Child Welfare shall have access to
all reports relative to cases of suspected child abuse or neglect subject to
traditional response and those subject to alternative response. The department
and the office shall develop procedures allowing for the Inspector General's
review of cases subject to alternative response. The Inspector General shall
include in the report pursuant to section 50-1818 a summary of all cases
reviewed pursuant to this subsection.
Sec. 20. Section 28-1205, Revised Statutes Supplement, 2025, is amended to
read:
28-1205 (1)(a) Any person who uses a firearm, a knife, brass or iron
knuckles, or any other deadly weapon to commit any felony which may be
prosecuted in a court of this state commits the offense of use of a deadly
weapon to commit a felony.
(b) Use of a deadly weapon, other than a firearm, to commit a felony is a
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Class II felony.
(c) Use of a deadly weapon, which is a firearm, to commit a felony is a
Class IC felony.
(2)(a) Any person who possesses a firearm, a knife, brass or iron
knuckles, or a destructive device during the commission of any felony which may
be prosecuted in a court of this state commits the offense of possession of a
deadly weapon during the commission of a felony.
(b) Possession of a deadly weapon, other than a firearm, during the
commission of a felony is a Class III felony.
(c) Possession of a deadly weapon, which is a firearm, during the
commission of a felony is a Class II felony.
(3)(a) Any person who carries a firearm or a destructive device during the
commission of a dangerous misdemeanor commits the offense of carrying a firearm
or destructive device during the commission of a dangerous misdemeanor.
(b) A violation of this subsection is a:
(i) Class I misdemeanor for a first or second offense; and
(ii) A Class IV felony for any third or subsequent offense.
(4) A violation of this section shall be treated as a separate and
distinct offense from the underlying crimes being committed, and a sentence
imposed under this section shall be consecutive to any other sentence imposed.
(5) Possession of a deadly weapon may be proved through evidence
demonstrating either actual or constructive possession of a firearm, a knife,
brass or iron knuckles, or a destructive device during, immediately prior to,
or immediately after the commission of a felony.
(6) For purposes of this section:
(a) Dangerous misdemeanor means a misdemeanor violation of any of the
following offenses:
(i) Stalking under section 28-311.03;
(ii) Knowing violation of any protection order issued under the Protection
Orders Act;
(iii) Domestic assault under section 28-323;
(iv) Assault of an unborn child in the third degree under section 28-399;
(v) Theft by shoplifting under section 28-511.01;
(vi) Unauthorized use of a propelled vehicle under section 28-516;
(vii) Criminal mischief under section 28-519 if such violation arises from
an incident involving the commission of a misdemeanor crime of domestic
violence;
(viii) Impersonating a police officer under section 28-610;
(viii) (ix) Resisting arrest under section 28-904;
(ix) (x) Operating a motor vehicle or vessel to avoid arrest under section
28-905;
(x) (xi) Obstructing a peace officer under section 28-906; or
(xi) (xii) Any attempt under section 28-201 to commit an offense described
in subdivisions (6)(a)(i) through (x) (xi) of this section;
(b) Destructive device has the same meaning as in section 28-1213;
(c) Misdemeanor crime of domestic violence has the same meaning as in
section 28-1206; and
(d) Use of a deadly weapon includes the discharge, employment, or visible
display of any part of a firearm, a knife, brass or iron knuckles, any other
deadly weapon, or a destructive device during, immediately prior to, or
immediately after the commission of a felony or communication to another
indicating the presence of a firearm, a knife, brass or iron knuckles, any
other deadly weapon, or a destructive device during, immediately prior to, or
immediately after the commission of a felony, regardless of whether such
firearm, knife, brass or iron knuckles, deadly weapon, or destructive device
was discharged, actively employed, or displayed.
Sec. 21. Section 28-1701, Revised Statutes Supplement, 2025, is amended to
read:
28-1701 (1) A person shall not be arrested or prosecuted for an eligible
alcohol or drug offense if such person witnessed or was the victim of a sexual
assault and such person:
(a) Either:
(i) In good faith, reported such sexual assault to law enforcement; or
(ii) Requested emergency medical assistance for the victim of the sexual
assault; and
(b) Evidence supporting the arrest or prosecution of the eligible alcohol
or drug offense was obtained or discovered as a result of such person reporting
such sexual assault to law enforcement or requesting emergency medical
assistance.
(2) A person shall not be arrested or prosecuted for an eligible alcohol
or drug offense if:
(a) Evidence supporting the arrest or prosecution of the person for the
offense was obtained or discovered as a result of the investigation or
prosecution of a sexual assault; and
(b) Such person cooperates with law enforcement in the investigation or
prosecution of the sexual assault.
(3) For purposes of this section:
(a) Eligible alcohol or drug offense means:
(i) A violation of subsection (3) or (13) of section 28-416 or of section
28-441;
(ii) A violation of section 53-180.02 committed by a person older than
eighteen years of age and under the age of twenty-one years, as described in
subdivision (4)(a) of section 53-180.05;
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(iii) A violation of a city or village ordinance similar to subdivision
(3)(a)(i) or (ii) of this section; or
(iv) Attempt, conspiracy, solicitation, being an accessory to, aiding and
abetting, aiding the consummation of, or compounding a felony with any of the
offenses in subdivision (3)(a)(i), (ii), or (iii) of this section as the
underlying offense; and
(b) Sexual assault means:
(i) A violation of section 28-316.01, 28-319, 28-319.01, 28-320,
28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05,
28-703, or 28-1805 or section 12 or 13 of this act, sex trafficking or sex
trafficking of a minor under section 28-831, or subdivision (1)(c) or (g) of
section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707; or
(ii) Attempt, conspiracy, solicitation, being an accessory to, aiding and
abetting, aiding the consummation of, or compounding a felony with any of the
offenses listed in subdivision (3)(b)(i) of this section as the underlying
offense.
Sec. 22. For purposes of sections 22 to 29 of this act:
(1) Brady-Giglio case law means Brady v. Maryland, 373 U.S. 83 (1963), and
Giglio v. United States, 405 U.S. 150 (1972), and subsequent cases of the
Supreme Court of the United States and the Supreme Court of Nebraska;
(2) Brady-Giglio disclosure means a disclosure made by a prosecuting
agency pursuant to Brady-Giglio case law;
(3) Law enforcement agency has the same meaning as in section 81-1401;
(4) Law enforcement officer has the same meaning as in section 81-1401;
(5) Officer means:
(a) A law enforcement officer; or
(b) A correctional officer employed by a jail or by the Department of
Correctional Services;
(6) Prosecuting agency means the Department of Justice, the office of a
county attorney or city attorney, or a special prosecutor; and
(7) Public safety agency means:
(a) A law enforcement agency;
(b) A city or county jail;
(c) The Department of Correctional Services; or
(d) Any other agency of state or local government that employs officers.
Sec. 23. (1) An officer shall not be discharged, disciplined, or
threatened with discharge or discipline, or subject to revocation or suspension
of a certificate under sections 81-1401 to 81-1414.19, solely because a
prosecuting agency has:
(a) Named the officer in a Brady-Giglio disclosure or determined that such
officer may be subject to such disclosure; or
(b) Disclosed to any person that the officer is named in a Brady-Giglio
disclosure.
(2) This section does not prohibit a dismissal, a suspension, a demotion,
or any other disciplinary action against an officer, or against a certificate
issued under sections 81-1401 to 81-1414.19, based on the underlying action
that resulted in such officer being named in a Brady-Giglio disclosure or being
considered for such disclosure.
Sec. 24. (1)(a) This section applies to any county with a population of
one hundred thousand or more inhabitants.
(b) For a county which includes a city of the metropolitan or primary
class, the county attorney and city attorney of such city shall operate under
an interlocal agreement to fulfill the requirements of this section.
(2) Before a prosecuting agency names an officer in a Brady-Giglio
disclosure, the prosecuting agency shall fulfill the requirements of this
section.
(3)(a) The prosecuting agency shall create an informal advisory committee
for evaluating possible Brady-Giglio disclosures. The advisory committee shall
provide recommendations to county attorneys, city attorneys, and special
prosecutors within the county. Each such prosecuting agency retains ultimate
discretion on whether to name an officer in a Brady-Giglio disclosure.
(b)(i) For a county which includes a city of the metropolitan class or
primary class, the advisory committee shall be comprised of two prosecutors
appointed by the county attorney and two prosecutors appointed by the city
attorney for such city.
(ii) For any other county with a population of one hundred thousand or
more inhabitants, the advisory committee shall be comprised of four prosecutors
appointed by the county attorney, with two of such prosecutors being from
jurisdictions within the county and two prosecutors from jurisdictions in any
other Nebraska county or counties.
(4) Each prosecuting agency shall adopt a process for reviewing and making
determinations for prospective Brady-Giglio disclosures that includes the
following provisions:
(a) The prosecuting agency shall provide an officer with written notice,
including the proposed rationale, before determining whether such officer is
subject to a prospective Brady-Giglio disclosure . An officer shall have the
right to be represented by counsel at every stage of determination under this
subsection;
(b) The prosecuting agency shall provide the officer with a reasonable
opportunity to respond to the proposed determination;
(c)(i) If an officer in good faith contests the proposed determination,
the prosecuting agency shall request the advisory committee to make a
recommendation on whether to name the officer in a prospective disclosure.
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(ii) The prosecuting agency shall provide the advisory committee with
materials that support or corroborate naming the officer in such prospective
disclosure and any exculpatory materials provided by the officer.
(iii) The advisory committee may request further information from the
officer or prosecuting agency, including oral testimony from the officer, and
may conduct an informal hearing.
(iv) The advisory committee shall make a recommendation to the prosecuting
agency as to whether a prospective disclosure is required under Brady-Giglio
case law and shall provide written notice of such recommendation to the
prosecuting agency; and
(d) The prosecuting agency shall consider, but is not bound by, the
recommendation of the advisory committee. Upon the prosecuting agency making a
final decision on whether to name such officer in a prospective Brady-Giglio
disclosure, the prosecuting agency shall provide written notice to the officer
of its final decision.
(5) The requirements of this section apply to any officer subject to a
prospective Brady-Giglio disclosure made on or after the operative date of this
section. This section applies even if an officer was named in a related or
similar Brady-Giglio disclosure prior to the operative date of this section,
unless such officer has already received notice and an opportunity to be heard
substantially similar to that required under this section.
(6) Evidence presented to an advisory committee under this section shall
be kept confidential unless otherwise provided by law.
Sec. 25. (1) This section applies to any county with a population of
fewer than one hundred thousand inhabitants.
(2) A prosecuting agency shall provide an officer with written notice,
including the proposed rationale, when determining whether the officer is
subject to a prospective Brady-Giglio disclosure and shall also provide written
notice of the prosecuting agency's final decision on such disclosure.
Sec. 26. (1)(a) An officer aggrieved by a prosecuting agency's final
decision to name the officer in a Brady-Giglio disclosure may file a petition
in the district court seeking review of such decision.
(b) For an officer in a county with one hundred thousand or more
inhabitants:
(i) Prior to filing the petition, the officer shall complete the informal
advisory committee process under section 24 of this act; and
(ii) The petition shall be filed within ten days after receiving written
notice of the prosecuting agency's final decision under subdivision (4)(d) of
section 24 of this act.
(c) For an officer in a county with fewer than one hundred thousand
inhabitants, the petition shall be filed within ten days after receiving
written notice of the prosecuting agency's final decision under section 25 of
this act.
(2) Within ten days after filing the petition, the officer shall provide a
complete record to the court, including, but not limited to, a bill of
exceptions, transcripts, orders, findings, statements, investigations, any
records pertaining to such officer that have been sealed pursuant to section
29-3523, and any other material that led to the prosecuting agency's decision
to name the officer in a Brady-Giglio disclosure. Nothing in this section shall
give the officer the right to obtain records from a prosecuting agency.
(3) Within ten days after the record being filed, notice of the action
shall be provided to any prosecuting agency named in the petition. Any named
prosecuting agency may review the record provided to the court and provide an
answer to the petition within ten days after being served with the petition.
(4) The prosecuting agency shall provide the court with all materials that
led to the decision to name the officer in a Brady-Giglio disclosure,
including, if applicable, copies of all materials provided to the advisory
committee under section 24 of this act. The prosecuting agency may request the
court to direct the officer to provide supplemental records. Upon receipt of
the request, the court may direct the officer to supplement the record as
requested. If a prosecuting agency requests a supplemental record, the agency
shall have ten days from the filing of the supplemental record to file an
answer to the petition. If an officer fails to supplement the record as ordered
by the court, the court shall dismiss the petition.
(5) Any petition, answer, or record submitted as part of the review shall
be sealed from public view and shall not be a public record.
(6) Within sixty days after the prosecuting agency files an answer, the
court shall, without written or oral arguments, conduct an in camera review of
the records filed in the case. If the court determines additional evidence or
testimony is necessary, the court shall conduct further hearings as necessary,
including questioning witnesses in camera or directing the parties to further
supplement the record.
(7) The court may modify or disagree with a prosecuting agency's decision
to the extent that the court finds, by clear and convincing evidence, that the
information or actions of the officer that served as the rationale for the
Brady-Giglio disclosure would not be exculpatory evidence in the prosecution of
any criminal offense.
(8) If the court determines that the officer has failed to meet his or her
burden of proof, the court shall dismiss the petition.
(9) This section applies even if an officer was named in a related or
similar Brady-Giglio disclosure prior to the operative date of this section,
unless such officer has already received notice and an opportunity to be heard
before the district court within the last five years.
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Sec. 27. (1) An officer's personal information, including, but not
limited to, the officer's home address, personal telephone number, personal
email address, date of birth, social security number, and operator's license
number shall be confidential and shall be redacted from any record prior to the
record's release to the public by the employing public safety agency.
(2) Nothing in this section prohibits the release of an officer's
unredacted personal information to the officer's legal counsel, union
representative, or designated employee representative upon the request of the
officer or his or her personal representative or legal counsel.
(3) Nothing in this section shall prohibit the release of an officer's or
a public safety agency's reports pursuant to subdivision (1)(g) of section
29-1912, pursuant to an order of discovery, or pursuant to any other order of a
court.
Sec. 28. An officer shall not be discharged, disciplined, or threatened
with discharge or discipline, or subject to revocation or suspension of a
certificate under sections 81-1401 to 81-1414.19, in retaliation for exercising
the rights of the officer enumerated in sections 22 to 29 of this act.
Sec. 29. The rights enumerated in sections 22 to 29 of this act are in
addition to any other rights granted pursuant to a collective-bargaining
agreement or other law.
Sec. 30. Section 29-4003, Revised Statutes Supplement, 2025, is amended to
read:
29-4003 (1)(a) The Sex Offender Registration Act applies to any person who
on or after January 1, 1997:
(i) Has ever pled guilty to, pled nolo contendere to, or been found guilty
of any of the following:
(A) Kidnapping of a minor pursuant to section 28-313, except when the
person is the parent of the minor and was not convicted of any other offense in
this section;
(B) False imprisonment of a minor pursuant to section 28-314 or 28-315;
(C) Sexual assault pursuant to section 28-319 or 28-320;
(D) Sexual abuse by a school worker pursuant to section 28-316.01;
(E) Sexual assault of a child in the second or third degree pursuant to
section 28-320.01;
(F) Sexual assault of a child in the first degree pursuant to section
28-319.01;
(G) Sexual abuse of a vulnerable adult or senior adult pursuant to
subdivision (1)(c) of section 28-386;
(H) Incest of a minor pursuant to section 28-703;
(I) Pandering of a minor pursuant to section 28-802;
(J) Conduct relating to child sexual abuse material under section 28-1805
or subdivision (2)(b) or (c) of section 28-1804;
(K) Knowingly possessing or receiving any child sexual abuse material
pursuant to subsection (1) or (5) of section 28-1803;
(L) Criminal child enticement pursuant to section 28-311;
(M) Child enticement by means of an electronic communication device
pursuant to section 28-320.02;
(N) Debauching a minor pursuant to section 28-805; or
(O) Attempt, solicitation, aiding or abetting, being an accessory, or
conspiracy to commit an offense listed in subdivisions (1)(a)(i)(A) through (1)
(a)(i)(N) of this section;
(ii) Has ever pled guilty to, pled nolo contendere to, or been found
guilty of any offense that is substantially equivalent to a registrable offense
under subdivision (1)(a)(i) of this section by any village, town, city, state,
territory, commonwealth, or other jurisdiction of the United States, by the
United States Government, by court-martial or other military tribunal, or by a
foreign jurisdiction, notwithstanding a procedure comparable in effect to that
described under section 29-2264 or any other procedure to nullify a conviction
other than by pardon;
(iii) Is incarcerated in a jail, a penal or correctional facility, or any
other public or private institution or is under probation or parole as a result
of pleading guilty to or being found guilty of a registrable offense under
subdivision (1)(a)(i) or (ii) of this section prior to January 1, 1997; or
(iv) Enters the state and is required to register as a sex offender under
the laws of another village, town, city, state, territory, commonwealth, or
other jurisdiction of the United States.
(b) In addition to the registrable offenses under subdivision (1)(a) of
this section, the Sex Offender Registration Act applies to any person who on or
after January 1, 2010:
(i)(A) Except as provided in subdivision (1)(b)(i)(B) of this section, has
ever pled guilty to, pled nolo contendere to, or been found guilty of any of
the following:
(I) Murder in the first degree pursuant to section 28-303;
(II) Murder in the second degree pursuant to section 28-304;
(III) Manslaughter pursuant to section 28-305;
(IV) Assault in the first degree pursuant to section 28-308;
(V) Assault in the second degree pursuant to section 28-309;
(VI) Assault in the third degree pursuant to section 28-310;
(VII) Stalking pursuant to section 28-311.03;
(VIII) Violation of section 28-311.08 requiring registration under the act
pursuant to subsection (6) of section 28-311.08;
(IX) Kidnapping pursuant to section 28-313;
(X) False imprisonment pursuant to section 28-314 or 28-315;
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(XI) Sexual abuse of an inmate , a or parolee, a probationer, or a problem
solving court participant in the first degree pursuant to section 28-322.02;
(XII) Sexual abuse of an inmate, a or parolee, a probationer, or a problem
solving court participant in the second degree pursuant to section 28-322.03;
(XIII) Sexual abuse of a protected individual pursuant to section
28-322.04;
(XIV) Incest pursuant to section 28-703;
(XV) Child abuse pursuant to subdivision (1)(d) or (e) of section 28-707;
(XVI) Enticement by electronic communication device pursuant to section
28-833; or
(XVII) Attempt, solicitation, aiding or abetting, being an accessory, or
conspiracy to commit an offense listed in subdivisions (1)(b)(i)(A)(I) through
(1)(b)(i)(A)(XVI) of this section.
(B) In order for the Sex Offender Registration Act to apply to the
offenses listed in subdivisions (1)(b)(i)(A)(I), (II), (III), (IV), (V), (VI),
(VII), (IX), and (X) of this section, a court shall have found that evidence of
sexual penetration or sexual contact, as those terms are defined in section
28-318, was present in the record, which shall include consideration of the
factual basis for a plea-based conviction and information contained in the
presentence report;
(ii) Has ever pled guilty to, pled nolo contendere to, or been found
guilty of any offense that is substantially equivalent to a registrable offense
under subdivision (1)(b)(i) of this section by any village, town, city, state,
territory, commonwealth, or other jurisdiction of the United States, by the
United States Government, by court-martial or other military tribunal, or by a
foreign jurisdiction, notwithstanding a procedure comparable in effect to that
described under section 29-2264 or any other procedure to nullify a conviction
other than by pardon; or
(iii) Enters the state and is required to register as a sex offender under
the laws of another village, town, city, state, territory, commonwealth, or
other jurisdiction of the United States.
(c) In addition to the registrable offenses under subdivisions (1)(a) and
(b) of this section, the Sex Offender Registration Act applies to any person
who on or after January 1, 2020:
(i) Has ever pled guilty to, pled nolo contendere to, or been found guilty
of sexual abuse of a detainee under section 28-322.05; or
(ii) Has ever pled guilty to, pled nolo contendere to, or been found
guilty of any offense that is substantially equivalent to a registrable offense
under subdivision (1)(c)(i) of this section by any village, town, city, state,
territory, commonwealth, or other jurisdiction of the United States, by the
United States Government, by court-martial or other military tribunal, or by a
foreign jurisdiction, notwithstanding a procedure comparable in effect to that
described under section 29-2264 or any other procedure to nullify a conviction
other than by pardon.
(d) In addition to the registrable offenses under subdivisions (1)(a),
(b), and (c) of this section, the Sex Offender Registration Act applies to any
person who on or after January 1, 2023:
(i) Has ever pled guilty to, pled nolo contendere to, or been found guilty
of human trafficking under subsection (1) or (2) of section 28-831, and the
court determines either by notification of sex offender registration
responsibilities or notation in the sentencing order that the human trafficking
was sex trafficking or sex trafficking of a minor and not solely labor
trafficking or labor trafficking of a minor; or
(ii) Has ever pled guilty to, pled nolo contendere to, or been found
guilty of any offense that is substantially equivalent to a registrable offense
under subdivision (1)(d)(i) of this section by any village, town, city, state,
territory, commonwealth, or other jurisdiction of the United States, by the
United States Government, by court-martial or other military tribunal, or by a
foreign jurisdiction, notwithstanding a procedure comparable in effect to that
described under section 29-2264 or any other procedure to nullify a conviction
other than by pardon.
(e) In addition to the registrable offenses under subdivisions (1)(a),
(b), (c), and (d) of this section, the Sex Offender Registration Act applies to
any person who on or after the operative date of this section:
(i) Has ever pled guilty to, pled nolo contendere to, or been found guilty
of:
(A) Sexual abuse by a conservator, guardian, or guardian ad litem under
section 12 of this act; or
(B) Sexual abuse by a child welfare service provider under section 13 of
this act; or
(ii) Has ever pled guilty to, pled nolo contendere to, or been found
guilty of any offense that is substantially equivalent to a registrable offense
under subdivision (1)(e)(i) of this section by any village, town, city, state,
territory, commonwealth, or other jurisdiction of the United States, by the
United States Government, by court-martial or other military tribunal, or by a
foreign jurisdiction, notwithstanding a procedure comparable in effect to that
described under section 29-2264 or any other procedure to nullify a conviction
other than by pardon.
(2) A person appealing a conviction of a registrable offense under this
section shall be required to comply with the act during the appeals process.
Sec. 31. (1) For purposes of this section, county conflict counsel means
an attorney licensed to practice law in this state who is employed by the
county or has a contract with the county to provide legal representation to
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clients who would normally be represented by the public defender, but for whom
the public defender is unable to provide such representation due to conflicting
interests or due to other good cause as determined by the court.
(2)(a) In any county with a public defender and a population of one
hundred thousand or more inhabitants, the county may employ one or more county
conflict counsel.
(b) In any county with a public defender and a population of less than one
hundred thousand inhabitants, the county may employ or contract for one or more
county conflict counsel.
(3) When a county first employs or contracts for county conflict counsel,
the county board shall immediately provide written notice of such employment or
contract to:
(a) Each presiding judge of the county court and district court of such
county;
(b) Each presiding judge of any separate juvenile court of such county;
(c) Each child support referee appointed in such county; and
(d) The clerk of the district court on behalf of the mental health board
with jurisdiction within such county.
(4) It shall be the duty of county conflict counsel to provide
representation to indigent individuals in the same manner as the public
defender.
(5) In a county with a population of more than one hundred seventy
thousand inhabitants, any county conflict counsel shall devote his or her full
time to the legal work of representing indigent individuals as provided in this
section and shall not engage in the private practice of law.
(6) No county conflict counsel shall solicit or accept any fee, other than
compensation from the county, for representing an indigent individual that such
counsel has been appointed to represent.
Sec. 32. Section 29-3901, Reissue Revised Statutes of Nebraska, is amended
to read:
29-3901 For purposes of sections 29-3901 to 29-3908:
(1) County conflict counsel has the same meaning as in section 31 of this
act;
(2) (1) Court means shall mean a district court or a county court;
(3) (2) Felony defendant means shall mean a person who is charged by
complaint, information, or indictment with or who is under arrest for
investigation or on suspicion that he or she may have committed any criminal
offense which may be punishable by imprisonment in a Department of Correctional
Services adult correctional facility;
(4) (3) Indigent means shall mean the inability to retain legal counsel
without prejudicing one's financial ability to provide economic necessities for
one's self or one's family. Before a felony defendant's initial court
appearance, the determination of his or her indigency shall be made by the
public defender, but thereafter it shall be made by the court; and
(5) (4) Judge means shall mean a judge of the district court, a judge of
the county court, or a clerk magistrate.
Sec. 33. Section 29-3903, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
29-3903 (1) At a felony defendant's first appearance before a judge, the
judge shall advise him or her of the right to court-appointed counsel if such
person is indigent. If he or she asserts indigency, the court shall make a
reasonable inquiry to determine such person's financial condition and shall
require him or her to execute an affidavit of indigency for filing with the
clerk of the court.
(2) If the court determines the defendant to be indigent, it shall
formally appoint the public defender or county conflict counsel or, in counties
not having a public defender, an attorney or attorneys licensed to practice law
in this state, not exceeding two, to represent the indigent felony defendant at
all future critical stages of the criminal proceedings against such defendant,
consistent with the provisions of section 23-3402 . Appointed , but appointed
counsel other than the public defender or county conflict counsel must obtain
leave of court before being authorized to proceed beyond an initial direct
appeal to either the Court of Appeals or the Supreme Court of Nebraska to any
further direct, collateral, or postconviction appeals to state or federal
courts.
(3) A felony defendant who is not indigent at the time of his or her first
appearance before a judge may nevertheless assert his or her indigency at any
subsequent stage of felony proceedings, at which time the judge shall consider
appointing counsel as otherwise provided in this section.
(4) The judge, upon filing such order for appointment, shall note all
appearances of appointed counsel upon the record. If at the time of appointment
of counsel the indigent felony defendant and appointed counsel have not had a
reasonable opportunity to consult concerning the prosecution, the judge shall
continue the arraignment, trial, or other next stage of the felony proceedings
for a reasonable period of time to allow for such consultation.
Sec. 34. Section 29-3904, Reissue Revised Statutes of Nebraska, is amended
to read:
29-3904 (1) Nothing in sections 23-3402, 29-3902, and 29-3903 shall
prevent any judge from:
(a) Appointing appointing counsel other than the public defender , the
Commission on Public Advocacy, county conflict counsel, or other substitute
counsel when the public defender , the commission, county conflict counsel, or
counsel initially appointed might otherwise be required to represent
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conflicting interests or for other good cause shown; ,
(b) Not from not appointing any counsel for any indigent felony defendant
who expressly waives his or her right to such counsel at any stage of felony
proceedings; , or
(c) Appointing from appointing the public defender , the Commission on
Public Advocacy, county conflict counsel, or other counsel as may be required
or permitted by other applicable law.
(2)(a) This subsection only applies to a county that has county conflict
counsel.
(b) In a case in which (i) the public defender is unable to provide
representation due to conflicting interests or due to other good cause as
determined by the court and (ii) the Commission on Public Advocacy may be
appointed, the court may appoint the commission. Otherwise, the court shall
appoint county conflict counsel, unless such counsel cannot represent the
defendant due to conflicting interests or for other good cause as determined by
the court.
(3) (2) In selecting counsel to represent an indigent felony defendant,
the prosecuting attorney shall not have any role whatsoever in the selection or
appointment process of the counsel by the court, including, but not limited to,
any individual appointment suggestions.
Sec. 35. Section 29-3905, Reissue Revised Statutes of Nebraska, is amended
to read:
29-3905 Appointed counsel for an indigent felony defendant other than the
public defender or county conflict counsel shall apply to the district court
which appointed him or her for all expenses reasonably necessary to permit him
or her to effectively and competently represent his or her client and for fees
for services performed pursuant to such appointment, except that if the
defendant was not bound over for trial in the district court, the application
shall be made in the appointing court. The court, upon hearing the application,
shall fix reasonable expenses and fees, and the county board shall allow
payment to counsel in the full amount determined by the court.
Sec. 36. Section 29-3918, Reissue Revised Statutes of Nebraska, is amended
to read:
29-3918 Nothing in sections 29-3910 to 29-3918 shall prevent a court from
appointing counsel other than the public defender , the Commission on Public
Advocacy, or county conflict counsel as defined in section 31 of this act to
represent indigent defendants or other persons by law entitled to legal
representation, but appointments of counsel other than the public defender, the
commission, or county conflict counsel shall be limited to situations in which
there are multiple defendants requiring separate representation or when other
exigent circumstances are present which in the opinion of the court require
appointment of counsel other than the public defender , the commission, or
county conflict counsel. In all such cases of appointments of counsel other
than the public defender , the commission, or county conflict counsel , the
procedure shall be in accordance with sections 43-272 and 43-273 and the cost
of such appointments shall be paid by the county as provided in such sections.
Sec. 37. Section 29-3922, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
29-3922 For purposes of the County Revenue Assistance Act:
(1) Chief counsel means an attorney appointed to be the primary
administrative officer of the commission pursuant to section 29-3928;
(2) Commission means the Commission on Public Advocacy;
(3) Commission staff means attorneys, investigators, and support staff who
are performing work for the capital litigation division, appellate division,
DNA testing division, and major case resource center;
(4) Contracting attorney means an attorney contracting to act as a public
defender pursuant to sections 23-3404 to 23-3408;
(5) Court-appointed attorney means an attorney other than a contracting
attorney or a public defender appointed by the court to represent an indigent
person;
(6) Indigent defense services means legal services provided to indigent
persons by an indigent defense system in capital cases, felony cases,
misdemeanor cases, juvenile cases, mental health commitment cases, child
support enforcement cases, and paternity establishment cases;
(7) Indigent defense system means a system of providing services,
including any services necessary for litigating a case, by a contracting
attorney, court-appointed attorney, or public defender;
(8) Indigent person means a person who is indigent and unable to obtain
legal counsel as determined pursuant to subdivision (4) (3) of section 29-3901;
and
(9) Public defender means an attorney appointed or elected pursuant to
sections 23-3401 to 23-3403.
Sec. 38. Section 29-4309, Revised Statutes Supplement, 2025, is amended to
read:
29-4309 For the purposes of the Sexual Assault Victims' Bill of Rights
Act:
(1)(a) Advocate means:
(i) Any employee or supervised volunteer of a domestic violence and sexual
assault victim assistance program or of any other agency, business, or
organization that is not affiliated with a law enforcement or prosecutor's
office, whose primary purpose is assisting domestic violence and sexual assault
victims. This includes employees or supervised volunteers of an Indian tribe or
a postsecondary educational institution;
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(ii) A representative from a victim and witness assistance center as
established in sections 81-1845 to 81-1847 or a similar entity affiliated with
a law enforcement agency or prosecutor's office; or
(iii) An advocate who is employed by a child advocacy center that meets
the requirements of subsection (2) of section 28-728.
(b) If reasonably possible, an advocate shall speak the victim's preferred
language or use the services of a qualified interpreter;
(2) Health care provider means any individual who is licensed, certified,
or registered to perform specified health services consistent with state law;
(3) Sexual assault means a violation of section 28-319, 28-319.01, 28-320,
28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05,
28-703, or 28-1805 or section 12 or 13 of this act, sex trafficking or sex
trafficking of a minor under section 28-831, or subdivision (1)(c) or (g) of
section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707;
(4) Sexual assault forensic evidence means evidence collected by a health
care provider contained within any sexual assault forensic evidence collection
kit, including a toxicology kit, or any forensic evidence collected by law
enforcement through the course of an investigation; and
(5)(a) Sexual assault victim or victim means any person who is a victim of
sexual assault who reports such sexual assault:
(i) To a health care provider, law enforcement, or an advocate, including
anonymous reporting as provided in section 28-902; and
(ii) In the case of a victim who is under eighteen years of age, to the
Department of Health and Human Services.
(b) Sexual assault victim or victim also includes, if the victim described
in subdivision (5)(a) of this section is incompetent, deceased, or a minor who
is unable to consent to counseling services, such victim's parent, guardian, or
spouse, unless such person is the reported assailant.
Sec. 39. Section 29-4316, Revised Statutes Supplement, 2025, is amended to
read:
29-4316 (1) For purposes of this section:
(a) Criminal justice agency has the same meaning as in section 29-3509;
(b) Sex trafficking means sex trafficking or sex trafficking of a minor in
violation of section 28-831; and
(c) Sexual assault means a violation of section 28-319, 28-319.01, 28-320,
28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05,
28-703, or 28-1805 or section 12 or 13 of this act or subdivision (1)(c) or (g)
of section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707.
(2) Except as provided in subsection (3) of this section, and unless
otherwise required by statute, a criminal justice agency and any attorney
involved in the investigation or prosecution of an alleged sexual assault or
sex trafficking violation shall maintain the confidentiality of the identity
and personal identifying information of the alleged victim. Such information
may be shared by such criminal justice agencies and between such criminal
justice agencies and attorneys as necessary to carry out their duties.
(3) The confidentiality required by subsection (2) of this section does
not apply:
(a) To the extent waived by the alleged victim;
(b) If criminal charges involving the alleged sexual assault or sex
trafficking are filed;
(c) If the victim has died as a result of, or in connection with, the
alleged sexual assault or sex trafficking;
(d) In cases where personal identifying information or the identity of the
victim are released as part of a child abduction alert system used by law
enforcement agencies, such as the AMBER Alert system;
(e) To a person making a report of suspected child abuse or neglect as
required in section 28-711;
(f) To the sharing of reports and information regarding child abuse and
neglect with a child abuse and neglect investigation team or child abuse and
neglect treatment team provided for in section 28-728;
(g) To the Department of Health and Human Services and other assisting
agencies as necessary to carry out their duties in investigations of child
abuse or neglect;
(h) To communication with an individual that an educational entity, as
defined in section 79-1201.01, has designated:
(i) As a Title IX coordinator; or
(ii) To receive reports related to sexual assault or sex trafficking or to
provide supportive measures related to such reports; or
(i) To communication with advocates and health care providers as defined
in section 29-4309.
Sec. 40. Section 43-272, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
43-272 (1)(a) In counties having a population of less than one hundred
fifty thousand inhabitants:
(i) When any juvenile court petition is filed alleging jurisdiction of a
juvenile pursuant to subdivision (2) of section 43-247, counsel shall be
appointed for such juvenile; and
(ii) In any other instance in which a juvenile is brought without counsel
before a juvenile court, the court shall advise such juvenile and his or her
parent or guardian of their right to retain counsel and shall inquire of such
juvenile and his or her parent or guardian as to whether they desire to retain
counsel.
(b) In counties having a population of one hundred fifty thousand or more
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inhabitants, when any juvenile court petition is filed alleging jurisdiction of
a juvenile pursuant to subdivision (1), (2), (3)(b), or (4) of section 43-247,
counsel shall be appointed for such juvenile.
(c) The court shall inform any juvenile described in this subsection and
his or her parent or guardian of such juvenile's right to counsel at county
expense if none of them is able to afford counsel. If the juvenile or his or
her parent or guardian desires to have counsel appointed for such juvenile, or
the parent or guardian of such juvenile cannot be located, and the court
ascertains that none of such persons are able to afford an attorney, the court
shall forthwith appoint an attorney to represent such juvenile for all
proceedings before the juvenile court, except that if an attorney is appointed
to represent such juvenile and the court later determines that a parent of such
juvenile is able to afford an attorney, the court shall order such parent or
juvenile to pay for services of the attorney to be collected in the same manner
as provided by section 43-290. If the parent willfully refuses to pay any such
sum, the court may commit him or her for contempt, and execution may issue at
the request of the appointed attorney or the county attorney or by the court
without a request.
(d)(i) For purposes of this subdivision, county conflict counsel has the
same meaning as in section 31 of this act.
(ii) This subdivision (d) only applies to a county that has county
conflict counsel.
(iii) When appointing counsel other than the public defender to represent
a juvenile, the court shall appoint county conflict counsel, unless such
counsel cannot represent the juvenile due to conflicting interests or for other
good cause shown.
(2) The court, on its own motion or upon application of a party to the
proceedings, shall appoint a guardian ad litem for the juvenile: (a) If the
juvenile has no parent or guardian of his or her person or if the parent or
guardian of the juvenile cannot be located or cannot be brought before the
court; (b) if the parent or guardian of the juvenile is excused from
participation in all or any part of the proceedings; (c) if the parent is a
juvenile or an incompetent; (d) if the parent is indifferent to the interests
of the juvenile; or (e) in any proceeding pursuant to the provisions of
subdivision (3)(a) of section 43-247.
A guardian ad litem shall have the duty to protect the interests of the
juvenile for whom he or she has been appointed guardian, and shall be deemed a
parent of the juvenile as to those proceedings with respect to which his or her
guardianship extends.
(3) The court shall appoint an attorney as guardian ad litem. A guardian
ad litem shall act as his or her own counsel and as counsel for the juvenile,
unless there are special reasons in a particular case why the guardian ad litem
or the juvenile or both should have separate counsel. In such cases the
guardian ad litem shall have the right to counsel, except that the guardian ad
litem shall be entitled to appointed counsel without regard to his or her
financial ability to retain counsel. Whether such appointed counsel shall be
provided at the cost of the county shall be determined as provided in
subsection (1) of this section.
(4) By July 1, 2015, the Supreme Court shall provide by court rule
standards for guardians ad litem for juveniles in juvenile court proceedings.
(5) By July 1, 2017, the Supreme Court shall provide guidelines setting
forth standards for all attorneys who practice in juvenile court.
Sec. 41. Section 43-273, Reissue Revised Statutes of Nebraska, is amended
to read:
43-273 (1) Counsel and guardians ad litem appointed outside of the
guardian ad litem division as provided in section 43-272 shall apply to the
court before which the proceedings were had for fees for services performed.
The court upon hearing the application shall fix reasonable fees. The county
board of the county wherein the proceedings were had shall allow the account,
bill, or claim presented by any attorney or guardian ad litem for services
performed under section 43-272 in the amount determined by the court. No such
account, bill, or claim shall be allowed by the county board until the amount
thereof shall have been determined by the court.
(2) This section does not apply to the public defender or to county
conflict counsel as defined in section 31 of this act.
Sec. 42. Section 43-2923, Reissue Revised Statutes of Nebraska, is amended
to read:
43-2923 The best interests of the child require:
(1) A parenting arrangement and parenting plan or other court-ordered
arrangement which provides for a child's safety, emotional growth, health,
stability, and physical care and regular and continuous school attendance and
progress for school-age children;
(2) When a preponderance of the evidence indicates domestic intimate
partner abuse, a parenting and visitation arrangement that provides for the
safety of a victim parent;
(3) That the child's families and those serving in parenting roles remain
appropriately active and involved in parenting with safe, appropriate,
continuing quality contact between children and their families when they have
shown the ability to act in the best interests of the child and have shared in
the responsibilities of raising the child;
(4) That even when parents have voluntarily negotiated or mutually
mediated and agreed upon a parenting plan, the court shall determine whether it
is in the best interests of the child for parents to maintain continued
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communications with each other and to make joint decisions in performing
parenting functions as are necessary for the care and healthy development of
the child. If the court rejects a parenting plan, the court shall provide
written findings as to why the parenting plan is not in the best interests of
the child;
(5) That certain principles provide a basis upon which education of
parents is delivered and upon which negotiation and mediation of parenting
plans are conducted. Such principles shall include: To minimize the potentially
negative impact of parental conflict on children; to provide parents the tools
they need to reach parenting decisions that are in the best interests of a
child; to provide alternative dispute resolution or specialized alternative
dispute resolution options that are less adversarial for the child and the
family; to ensure that the child's voice is heard and considered in parenting
decisions; to maximize the safety of family members through the justice
process; and, in cases of domestic intimate partner abuse or child abuse or
neglect, to incorporate the principles of victim safety and sensitivity,
offender accountability, and community safety in parenting plan decisions; and
(6) In determining custody and parenting arrangements, the court shall
consider the best interests of the minor child, which shall include, but not be
limited to, consideration of the foregoing factors and:
(a) The relationship of the minor child to each parent prior to the
commencement of the action or any subsequent hearing;
(b) The desires and wishes of the minor child, if of an age of
comprehension but regardless of chronological age, when such desires and wishes
are based on sound reasoning;
(c) The general health, welfare, and social behavior of the minor child;
(d) Credible evidence showing increased intellectual and social growth in
children who have equal access to both parents;
(e) (d) Credible evidence of abuse inflicted on any family or household
member. For purposes of this subdivision, abuse and family or household member
shall have the meanings prescribed in section 42-903; and
(f) (e) Credible evidence of child abuse or neglect or domestic intimate
partner abuse. For purposes of this subdivision, the definitions in section
43-2922 shall be used.
Sec. 43. Section 71-946, Reissue Revised Statutes of Nebraska, is amended
to read:
71-946 (1) The appointment of counsel under section 71-945 shall be in
accordance with this section. the following procedures:
(2) In (1) Except in counties not having a public defender, upon the
receipt from the mental health board of a certificate for the appointment of
counsel, the clerk of the district court shall notify the district judge or the
county judge of the county in which the proceedings are pending of the receipt
of such certificate. The judge to whom the certificate was issued shall appoint
an attorney to represent the person concerning whom an application is filed
before the mental health board, whereupon the clerk of the court shall enter
upon the certificate the name of the attorney appointed and deliver the
certificate of appointment of counsel to the mental health board. The clerk of
the district court or the clerk of the county court shall also keep and
maintain a record of all appointments which shall be conclusive evidence
thereof. All appointments of counsel under the Nebraska Mental Health
Commitment Act or the Sex Offender Commitment Act may be made at any time or
place in the state. ; and
(3) (2) In counties having a public defender, upon receipt from the mental
health board of a certificate for the appointment of counsel, the clerk of the
district court shall notify the public defender of his or her appointment to
represent the person and shall enter upon the certificate the name of the
attorney appointed and deliver the certificate of appointment of counsel to the
mental health board.
(4)(a) For purposes of this section, county conflict counsel has the same
meaning as in section 31 of this act.
(b) This subsection only applies to a county that has county conflict
counsel.
(c) When appointing counsel other than the public defender to represent a
subject, the court shall appoint county conflict counsel, unless such counsel
cannot represent the subject due to conflicting interests or for other good
cause shown.
Sec. 44. Section 71-947, Reissue Revised Statutes of Nebraska, is amended
to read:
71-947 Counsel appointed as provided in subsection (2) subdivision (1) of
section 71-946 shall apply to the court in which his or her appointment is
recorded for fees for services performed. Such counsel may also apply to the
court to secure separate professional examination of the person for whom
counsel was appointed and shall be reimbursed for costs incurred in securing
such separate examination or examinations or in having other professional
persons as witnesses before the mental health board. The court, upon hearing
the application, shall fix reasonable fees, including reimbursement of costs
incurred. The county board of the county in which the application was filed
shall allow the account, bill, or claim presented by the attorney for services
performed under the Nebraska Mental Health Commitment Act or the Sex Offender
Commitment Act in the amount determined by the court. No such account, bill, or
claim shall be allowed by the county board until the amount thereof has been
determined by the court.
Sec. 45. Section 71-948, Reissue Revised Statutes of Nebraska, is amended
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to read:
71-948 A subject or the subject's counsel shall have the right to employ
mental health professionals of his or her choice to independently evaluate the
subject's mental condition and testify for and otherwise assist the subject in
proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender
Commitment Act. If the subject is indigent, only one such person may be
employed except with leave of the mental health board. Any person so employed
by a subject determined by the board to be indigent, except a subject
represented by the public defender or county conflict counsel as defined in
section 31 of this act, shall apply to the board for expenses reasonably
necessary to such person's effective assistance of the subject and for
reasonable fees for services performed by such person in assisting the subject.
The board shall then fix reasonable fees and expenses, and the county board
shall allow payment to such person in the full amount fixed by the board.
Sec. 46. Section 81-1850, Revised Statutes Supplement, 2025, is amended to
read:
81-1850 (1) For purposes of this section:
(a) Covered offense means:
(i) Murder in the first degree, section 28-303;
(ii) Murder in the second degree, section 28-304;
(iii) Manslaughter, section 28-305;
(iv) Motor vehicle homicide, section 28-306;
(v) Assault in the first degree, section 28-308;
(vi) Assault in the second degree, section 28-309;
(vii) Assault by strangulation or suffocation, section 28-310.01;
(viii) Terroristic threats, section 28-311.01;
(ix) Stalking, section 28-311.03;
(x) Kidnapping, section 28-313;
(xi) False imprisonment in the first degree, section 28-314;
(xii) Sexual abuse by a school employee, section 28-316.01;
(xiii) Sexual assault in the first degree, section 28-319;
(xiv) Sexual assault of a child in the first degree, section 28-319.01;
(xv) Sexual assault in the second degree, section 28-320;
(xvi) Sexual assault of a child in the second or third degree, section
28-320.01;
(xvii) Child enticement by means of an electronic communication device,
section 28-320.02;
(xviii) Sexual abuse of an inmate, a parolee, a probationer, or a problem
solving court participant in the first degree, section 28-322.02;
(xix) Sexual abuse of an inmate, a parolee, a probationer, or a problem
solving court participant in the second degree, section 28-322.03;
(xx) (xviii) Sexual abuse of a protected individual, section 28-322.04;
(xxi) Sexual abuse of a detainee, section 28-322.05;
(xxii) Sexual abuse by a conservator, guardian, or guardian ad litem,
section 12 of this act;
(xxiii) Sexual abuse by a child welfare service provider, section 13 of
this act;
(xxiv) (xix) Domestic assault in the first or second degree, section
28-323;
(xxv) (xx) Sex trafficking, sex trafficking of a minor, labor trafficking,
or labor trafficking of a minor, section 28-831; or
(xxvi) (xxi) An attempt, solicitation, or conspiracy to commit an offense
listed in subdivision (1)(a) of this section; and
(b) Victim has the same meaning as in section 29-119.
(2)(a) Except as provided in subdivision (2)(b) of this section, when a
person is convicted of a felony, the county attorney shall forward the name and
address of any victim of such convicted person to the Board of Parole, the
Department of Correctional Services, the county corrections agency, the
Department of Health and Human Services, and the Board of Pardons, as
applicable.
(b) A victim may waive the right to notification under this section by
notifying the county attorney, in which case the county attorney is not
required to comply with subdivision (2)(a) of this section.
(c) The Board of Parole, the Department of Correctional Services, the
county corrections agency, the Department of Health and Human Services, and the
Board of Pardons shall include the victim's name in the file of the convicted
person, but the name shall not be part of the public record of any parole or
pardons hearings of the convicted person.
(d) Any victim, including a victim who has waived his or her right to
notification, may request the notification prescribed in this section, as
applicable, by sending a written request to the Board of Parole, the Department
of Correctional Services, the county corrections agency, the Department of
Health and Human Services, or the Board of Pardons any time after the convicted
person is incarcerated and until the convicted person is no longer under the
jurisdiction of the Board of Parole, the county corrections agency, the
Department of Correctional Services, or the Board of Pardons or, if the
convicted person is under the jurisdiction of the Department of Health and
Human Services, within the three-year period after the convicted person is no
longer under the jurisdiction of the Board of Parole, the county corrections
agency, the Department of Correctional Services, or the Board of Pardons.
(3) A victim whose name appears in the file of the convicted person shall
be notified by the Board of Parole:
(a) Within ninety days after conviction of an offender, of the tentative
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date of release and the earliest parole eligibility date of such offender;
(b) Of any parole hearings or proceedings;
(c) Of any decision of the Board of Parole;
(d) When a convicted person who is on parole is returned to custody
because of parole violations; and
(e) If the convicted person has been adjudged a mentally disordered sex
offender or is a convicted sex offender, when such convicted person is released
from custody or treatment.
Such notification shall be given in person, by telecommunication, or by
mail.
(4) A victim whose name appears in the file of the convicted person shall
be notified by the Department of Correctional Services or a county corrections
agency:
(a) When a convicted person is granted a furlough or release from
incarceration for twenty-four hours or longer or any transfer of the convicted
person to community status;
(b) When a convicted person is released into community-based programs,
including educational release and work release programs. Such notification
shall occur at the beginning and termination of any such program;
(c) When a convicted person escapes or does not return from a granted
furlough or release and again when the convicted person is returned into
custody;
(d) When a convicted person is discharged from custody upon completion of
his or her sentence. Such notice shall be given at least thirty days before
discharge, when practicable;
(e) Of the (i) department's calculation of the earliest parole eligibility
date of the prisoner with all potential good time or disciplinary credits
considered if the sentence exceeds ninety days or (ii) county corrections
agency's calculation of the earliest release date of the prisoner. The victim
may request one notice of the calculation described in this subdivision. Such
information shall be mailed not later than thirty days after receipt of the
request;
(f) Of any reduction in the prisoner's minimum sentence; and
(g) Of the victim's right to submit a statement as provided in section
81-1848.
(5) A victim whose name appears in the file of a convicted person shall be
notified by the Department of Health and Human Services:
(a) When a person described in subsection (6) of this section becomes the
subject of a petition pursuant to the Nebraska Mental Health Commitment Act or
the Sex Offender Commitment Act prior to his or her discharge from custody upon
the completion of his or her sentence or within thirty days after such
discharge. The county attorney who filed the petition shall notify the
Department of Correctional Services of such petition. The Department of
Correctional Services shall forward the names and addresses of victims
appearing in the file of the convicted person to the Department of Health and
Human Services; and
(b) When a person under a mental health board commitment pursuant to
subdivision (a) of this subsection:
(i) Escapes from an inpatient facility providing board-ordered treatment
and again when the person is returned to an inpatient facility;
(ii) Is discharged or has a change in disposition from inpatient board-
ordered treatment;
(iii) Is granted a furlough or release for twenty-four hours or longer;
and
(iv) Is released into educational release programs or work release
programs. Such notification shall occur at the beginning and termination of any
such program.
(6) Subsection (5) of this section applies to a person convicted of a
covered offense which is also alleged to be the recent act or threat underlying
the commitment of such person as mentally ill and dangerous or as a dangerous
sex offender as defined in section 83-174.01.
(7) A victim whose name appears in the file of a person convicted of a
covered offense shall be notified, via certified mail, by the Board of Pardons:
(a) Of any pardon or commutation proceedings at least thirty calendar days
prior to the proceedings; and
(b) If a pardon or commutation has been granted, within ten days after
such granting.
(8) The Board of Parole, the Department of Correctional Services, the
Department of Health and Human Services, and the Board of Pardons shall adopt
and promulgate rules and regulations as needed to carry out this section.
(9) The victim's address and telephone number maintained by the Department
of Correctional Services, the Department of Health and Human Services, the
county corrections agency, the Board of Parole, and the Board of Pardons
pursuant to subsection (2) of this section shall be exempt from disclosure
under Nebraska public records laws and federal freedom of information laws, as
such federal laws existed on January 1, 2004.
Sec. 47. Section 83-4,143, Reissue Revised Statutes of Nebraska, is
amended to read:
83-4,143 (1) It is the intent of the Legislature that the Board of Parole
may recommend placement of felony offenders at the incarceration work camp. The
offenders recommended by the board shall be offenders currently housed at other
Department of Correctional Services adult correctional facilities and shall
complete the incarceration work camp programming prior to release on parole.
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(2) When the Board of Parole is of the opinion that a felony offender
currently incarcerated in a Department of Correctional Services adult
correctional facility may benefit from a brief and intensive period of
regimented, structured, and disciplined programming immediately prior to
release on parole, the board may direct placement of such an offender in an
incarceration work camp for a period not to exceed one hundred eighty days as a
condition of release on parole. The board may consider such placement if the
felony offender (a) is medically and mentally fit to participate, with
allowances given for reasonable accommodation as determined by medical and
mental health professionals, and (b) has not previously been incarcerated for a
violent felony crime. Offenders convicted of a crime under sections 28-319 to
28-322.05 and sections 12 and 13 of this act or of any capital crime are not
eligible to be placed in an incarceration work camp.
(3) The Director of Correctional Services may assign a felony offender to
an incarceration work camp if he or she believes it is in the best interests of
the felony offender and of society, except that offenders convicted of a crime
under sections 28-319 to 28-322.05 and sections 12 and 13 of this act or of any
capital crime are not eligible to be assigned to an incarceration work camp
pursuant to this subsection.
Sec. 48. Section 84-941.01, Reissue Revised Statutes of Nebraska, is
amended to read:
84-941.01 Potentially disqualifying conviction includes a conviction for:
(1) Criminal attempt as provided in section 28-201, conspiracy as provided
in section 28-202, or aiding and abetting as provided in section 28-206, to
commit an offense listed in this section;
(2) Murder as provided in sections 28-303 or 28-304;
(3) Manslaughter as provided in section 28-305;
(4) Motor vehicle homicide as provided in section 28-306;
(5) Assault in the first or second degree as provided in sections 28-308
and 28-309;
(6) Terroristic threats as provided in section 28-311.01;
(7) Stalking as provided in section 28-311.03;
(8) Kidnapping as provided in section 28-313;
(9) False imprisonment as provided in sections 28-314 and 28-315;
(10) A sexual act subject to criminal penalties as provided in sections
28-317 to 28-322.05 and sections 12 and 13 of this act;
(11) Domestic assault as provided in section 28-323;
(12) Robbery as provided in section 28-324;
(13) Arson as provided in sections 28-502, 28-503, and 28-504;
(14) Fraud subject to criminal penalties as provided in sections 28-505,
28-631, 28-638, 28-639, 28-640, and 28-935;
(15) Theft as provided in sections 28-511, 28-512, 28-513, and 28-515;
(16) Forgery as provided in sections 28-602 and 28-603;
(17) Incest as provided in section 28-703;
(18) Child abuse as provided in section 28-707;
(19) Human trafficking, labor trafficking, sex trafficking, labor
trafficking of a minor, or sex trafficking of a minor as provided in section
28-831;
(20) False reporting as provided in section 28-907;
(21) Perjury as provided in section 28-915;
(22) Assault on an officer, an emergency responder, certain employees, or
a health care professional in the first degree as provided in section 28-929;
(23) Assault on an officer, an emergency responder, certain employees, or
a health care professional in the second degree as provided in section 28-930;
(24) Assault on an officer, an emergency responder, certain employees, or
a health care professional in the third degree as provided in section 28-931;
(25) Assault on an officer, an emergency responder, certain employees, or
a health care professional using a motor vehicle as provided in section
28-931.01;
(26) An offense that has as an element the threat to inflict serious
bodily injury as defined in section 28-109 or death on another person, the
intentional infliction of serious bodily injury as defined in section 28-109 on
another person, or intentionally causing the death of another person;
(27) An offense for which registration is required under the Sex Offender
Registration Act; or
(28) Any offense under the laws of another jurisdiction that is
substantially equivalent to any of the offenses listed in this section.
Sec. 49. Sections 17, 20, 22, 23, 24, 25, 26, 27, 28, 29, and 51 of this
act become operative on October 1, 2026. The other sections of this act become
operative on their effective date.
Sec. 50. If any section in this act or any part of any section is
declared invalid or unconstitutional, the declaration shall not affect the
validity or constitutionality of the remaining portions.
Sec. 51. Original section 28-610, Reissue Revised Statutes of Nebraska,
and section 28-1205, Revised Statutes Supplement, 2025, are repealed.
Sec. 52. Original sections 28-322.02, 28-322.03, 28-323, 28-508, 28-703,
29-3901, 29-3904, 29-3905, 29-3918, 43-273, 43-2923, 71-946, 71-947, 71-948,
83-4,143, and 84-941.01, Reissue Revised Statutes of Nebraska, sections 27-404,
28-115, 28-310.01, 28-322.01, 29-3903, 29-3922, and 43-272, Revised Statutes
Cumulative Supplement, 2024, and sections 26-118, 27-413, 28-101, 28-318,
28-322, 28-470, 28-712.01, 28-1701, 29-4003, 29-4309, 29-4316, and 81-1850,
Revised Statutes Supplement, 2025, are repealed.
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