LB 150 — Adopt the Regional Mental Health Expansion Pilot Program Act, provide for a pilot program related to mental health, prohibit discrimination based on military or veteran status, and change and eliminate provisions relating to garnishment, liens, post-release supervision, sexual abuse by school workers, criminal mischief, discovery in criminal cases, habitual sentencing enhancements, veterans justice programs, paternity proceedings, handgun purchase requirements, correctional system overcrowding emergencies, the Division of Parole Services, the Nebraska Mental Health Commitment Act, and the Sex Offender Commitment Act

(3) Make, print, publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, national origin, -8- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 disability, familial status, or sex, or military or veteran status or an intention to make any such preference, limitation, or discrimination;

(2) For purposes of this section, transaction related to residential -9- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 real estate shall mean any of the following:

-4- LB150 LB150 2025 Sec.

20-322 (1)20-322 (1) Nothing in the Nebraska Fair Housing Act shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from limiting the sale, rental, or occupancy of a dwelling which it owns or operates for other than commercial purposes to persons of the same religion or from giving preferences to such persons unless membership in -10- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 such religion is restricted on account of race, color, national origin, disability, familial status, or sex, or military or veteran status.

or (iii) Intended and operated for occupancy by at least one person fifty-fivefifty- five years of age or older per unit.

(A) The existence of significant facilities and services -11- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 specifically designed to meet the physical or social needs of older persons or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;

(1) Make studies with respect to the nature and extent of -12- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 discriminatory housing practices in representative urban, suburban, and rural communities throughout the state;

(a) Specifying the nature and extent of progress made statewide in eliminating discriminatory housing practices and furthering the purposes of the -5- LB150 LB150 2025 Nebraska Fair Housing Act, obstacles remaining to achieving equal housing opportunity, and recommendations for further legislative or executive action;

(i) Investigations have not been completed as required by subdivision (1)(b)(1) (b) of section 20-326;

In order to develop the data to be included and made available to the public under this subdivision, the commission shall, without regard to any other provision of law, collect such information relating to those characteristics as the commission -13- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 determines to be necessary or appropriate;

(1) For a single integrated classification plan covering all positions in the county service except those expressly exempt from the County Civil Service Act, which shall group all positions into defined -14- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 classes containing a descriptive class title and a code identifying each class, and which shall be based on similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required and the same schedule of pay may be equitably applied to all positions in the same class.

Competitive examination shall not be required for transferred employees transferring from positions in the state or a political subdivision to positions in the county pursuant to a merger of services or transferred employees transferring from positions in the state or a political subdivision to positions in the county due to the assumption of functions of the state or a political -15- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 subdivision by the county.

The rules and regulations shall provide for the public announcement of the holding of examinations and shall authorize the personnel officer to prescribe examination -6- LB150 LB150 2025 procedures and to place the names of successful candidates on eligible lists in accordance with their respective ratings.

(a) Race, national origin, physical disabilities, age, or political -16- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 or religious opinions or affiliations;

, or national origin, physical disabilities, age, political or religious opinions or affiliations (c) Military or veteran status, subject to section 8891 of this act;

No such provisional -17- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 employment shall continue longer than six months, nor shall successive provisional appointments be allowed;

-18--7- ER90 ER90 LB150 LB150 MJP2025 - 05/22/2025 MJP - 05/22/2025 (21) For regulation covering political activity of employees in the classified service;

23-253123-2531 (1) (1) Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of political or religious opinions or affiliations or because of race, national origin, or other nonmerit factors shall be prohibited.

Subject to section 8891 of this act, discrimination on the basis of military or veteran status shall be prohibited.

(4) No employee of the personnel office, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to -19- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 examination, eligibility, certification, or appointment under the act, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any persons with respect to employment in the classified service.

23-254123-2541 The The personnel policy board, if created, shall, with the assistance of two advisory groups, one of classified employees and one of department heads, adopt proposed personnel rules and regulations for the classified service and provide reasonable notice of proposed rules and regulations to the heads of all agencies, departments, county employee associations, and institutions affected thereby.

After the classification plan has been approved by the personnel policy board, the county personnel officer shall be responsible for the administration and maintenance of -20- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 the plan and for the allocation of each classified position.

Certification of eligibility for appointment to vacancies shall be in -8- LB150 LB150 2025 accordance with a formula which limits selection by the hiring department from among the highest ranking available and eligible candidates, but which also permits selective certification under appropriate conditions as prescribed in the -21- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 rules and regulations;

, or (b) Military or veteran status, subject to section 8891 of this act;

-22- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (8) For temporary or seasonal appointments of limited terms of not to exceed one year;

-23- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (18) For granting of leave without pay to a permanent employee to accept a position in the unclassified service and for his or her return to a position comparable to that formerly held in the classified service at the conclusion of such service;

and (b) Corporate entity does not include any financial institution as -9- LB150 LB150 2025 described in subsection (6) of section 25-1056.

(b) If service is unable to be accomplished as provided in subdivision (3)(a)(3) (a) of this section, such notice shall be served in accordance with section 25-509.01.

-24- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (4) In a case involving a garnishment served upon a corporate entity against wages due to a judgment debtor, the corporate entity shall not be liable as a garnishee under this section unless the plaintiff shows:

The summons shall be returnable within ten days from the date of its issuance and shall require the garnishee to answer within ten days from the date of service -25- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 upon him or her.

Except for garnishments in support of a person, the payments may be made payable to the judgment creditor or assignee and shall be forwarded to the issuing court to record the judgment payment prior to the court -26- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 delivering the payment to the judgment creditor or assignee.

(d) The proceedings are stayed by a court of competent jurisdiction, -10- LB150 LB150 2025 including the United States Bankruptcy Court;

The judgment creditor may extend the lien for a second ninety-day period by filing with the court a notice of extension during the fifteen days immediately prior to the expiration of the initial lien, and the continuing lien in favor of the initial judgment creditor shall continue for a second -27- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 ninety-day period.

A -28- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 financial institution may modify or revoke a designation made under this subdivision by filing the modification or revocation with the department.

If service of summons is not made on the main chartered office or the office or branch or the agent for service of process designated by the financial institution, but instead is made at another office or branch of the financial institution located in Nebraska, the financial institution, in its discretion, and without violating any obligation to its customer, may elect to treat the service of summons as valid and effective as to any property or credits of the defendant in the possession or control of the main chartered office of the financial institution in this state and any of the financial institution offices or -29- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 branches located within this state.

-11- LB150 LB150 2025 (i) Corporate entity means any corporation, limited liability company, limited liability partnership, or series limited liability company or any other corporate entity that is required by the statutes of Nebraska to have a registered agent for service of process in Nebraska;

(c) If service is not made upon the corporate entity's registered -30- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 agent for service of process in this state, the judgment creditor shall send a copy of such summons to the location of the corporate entity's registered agent for service of process in this state unless the corporate entity has requested that no such copy be sent or no such registered agent exists.

27-413 For27-413 For purposes of sections 27-414 and 27-415, offense of sexual assault means sexual assault under section 28-319 or 28-320, sexual abuse by a school worker employee under section 28-316.01, sexual assault of a child under section 28-319.01 or 28-320.01, sexual assault by use of an electronic communication device under section 28-320.02, sexual abuse of an inmate or parolee under sections 28-322.01 to 28-322.03, sexual abuse of a protected individual under section 28-322.04, sexual abuse of a detainee under section 28-322.05, an attempt or conspiracy to commit any -31- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 of the crimes listed in this section, or the commission of or conviction for a crime in another jurisdiction that is substantially similar to any crime listed in this section.

Class I felony Death Class IA felony Life imprisonment Class IB felony Maximum—life imprisonment   Minimum—twenty years imprisonment Class IC felony Maximum—fifty years imprisonment   Mandatory minimum—five years imprisonment Class ID felony Maximum—fifty years imprisonment   Mandatory minimum—three years imprisonment Class II felony Maximum—fifty years imprisonment   Minimum—one year imprisonment Class IIA felony Maximum—twenty years imprisonment   Minimum—none Class III felony Maximum—four years imprisonment and two years   post-release supervision or   twenty-five thousand dollars fine, or both   Minimum—none for imprisonment and none for -12- LB150 LB150 2025   post-release supervision   Minimum—none for imprisonment and nine months   post-release supervision if imprisonment is imposed Class IIIA felony Maximum—three years imprisonment   and eighteen months post-release supervision or -32- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025   ten thousand dollars fine, or both   Minimum—none for imprisonment and none for   post-release supervision   Minimum—none for imprisonment and nine months   post-release supervision if imprisonment is imposed Class IV felony Maximum—two years imprisonment and twelve   months post-release supervision or   ten thousand dollars fine, or both   Minimum—none for imprisonment and none for   post-release supervision (2) All sentences for maximum terms of imprisonment for one year or more for felonies shall be served in institutions under the jurisdiction of the Department of Correctional Services.

(6) Any person who is sentenced to imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony and sentenced concurrently or consecutively to imprisonment for a Class III, IIIA, or IV felony shall not be subject to post-releasepost- release supervision pursuant to subsection (1) of this section.

(7) Any person who is sentenced to imprisonment for a Class III, IIIA, or IV felony committed prior to August 30, 2015, and sentenced -33- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 concurrently or consecutively to imprisonment for a Class III, IIIA, or IV felony committed on or after August 30, 2015, shall not be subject to post-release supervision pursuant to subsection (1) of this section.

Section 28-311.11, Revised Statutes Cumulative Supplement, 2024, is amended to read:

28-311.11 (1) Any victim of a sexual assault offense may file a petition and affidavit for a sexual assault protection order as provided in subsection (3) of this section.

Upon the filing of such a petition and affidavit in support thereof, the court may issue a sexual assault protection order without bond enjoining the respondent from (a) imposing any restraint upon the person or liberty of the petitioner, (b) harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner, or (c) telephoning, contacting, or otherwise communicating with the petitioner.

The sexual assault protection order shall specify to whom relief under this section was granted.

(2) The petition for a sexual assault protection order shall state the events and dates or approximate dates of acts constituting the sexual assault offense, including the most recent and most severe incident or incidents.

(3) A petition for a sexual assault protection order shall be filed with the clerk of the district court and the proceeding may be heard by the county court or the district court as provided in section 25-2740.

(4) A petition for a sexual assault protection order may not be withdrawn except upon order of the court.

A sexual assault protection order shall specify that it is effective for a period of one year unless renewed pursuant to subsection (12) of this section or otherwise dismissed or modified by the court.

Any person, except the petitioner, -34- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 who knowingly violates a sexual assault protection order after service or notice as described in subdivision (9)(b) of this section shall be guilty of a Class I misdemeanor, except that any person convicted of violating such order who has a prior conviction for violating a sexual assault protection order shall be guilty of a Class IV felony.

(5)(a) Fees to cover costs associated with the filing of a petition for issuance or renewal of a sexual assault protection order or the issuance or service of a sexual assault protection order seeking only the relief provided by this section shall not be charged, except that a court may assess such fees and costs if the court finds, by clear and convincing evidence, that the statements contained in the petition were false and that the sexual assault protection order was sought in bad faith.

(b) A court may also assess costs associated with the filing of a petition for issuance or renewal of a sexual assault protection order or the issuance or service of a sexual assault protection order seeking only the relief provided by this section against the respondent.

(6) The clerk of the district court shall make available standard application and affidavit forms for issuance and renewal of a sexual assault protection order with instructions for completion to be used by a petitioner.

Affidavit forms shall request all relevant information, including, but not limited to:

A description of the most recent incident that was the basis for the application for a sexual assault protection order and the date or approximate date of the incident and, if there was more than one incident, the most severe incident and the date or approximate date of such incident.

The clerk and his or her employees shall not provide assistance in completing the forms.

The State Court Administrator shall adopt and promulgate the standard application and affidavit forms provided for in this section as well as the standard temporary ex parte and final sexual assault protection order forms and provide a copy of such forms to all clerks of the district courts in this -35- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 state.

Such standard temporary ex parte and final sexual assault protection order forms shall be the only forms used in this state.

(7) A sexual assault protection order may be issued or renewed ex parte without notice to the respondent if it reasonably appears from the specific facts shown by affidavit of the petitioner that irreparable harm, loss, or damage will result before the matter can be heard on notice.

If a sexual assault protection order is not issued ex parte, the court shall immediately schedule an evidentiary hearing to be held within fourteen days after the filing of the petition, and the court shall cause notice of the application to be given to the respondent stating that he or she may show cause why such order should not be entered.

Any notice provided to the respondent shall include notification that a court may treat a petition for a sexual assault protection order as a petition for a harassment protection order or a domestic abuse protection order if it appears from the facts that such other protection order is more appropriate and that the respondent shall have an opportunity to show cause as to why such protection order should not be entered.

If such ex parte order is issued or renewed without notice to the respondent, the court shall forthwith cause notice of the petition and order and a form with which to request a show-cause hearing to be given the respondent stating that, upon service on the respondent, the order shall remain in effect for a period of one year unless the respondent shows cause why the order should not remain in effect for a period of one year.

If the respondent wishes to appear and show cause why the order should not remain in effect for a period of one year, he or she shall affix his or her current address, telephone number, and signature to the form and return it to the clerk of the district court within ten business days after service upon him or her.

Upon receipt of a timely request for a show-cause hearing, the court shall immediately schedule a show-cause hearing to be held within thirty days after the receipt of the request for a show-cause hearing and shall notify the petitioner and respondent -36- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 of the hearing date.

The petition and affidavit shall be deemed to have been offered into evidence at any show-cause hearing.

The petition and affidavit shall be admitted into evidence unless specifically excluded by the court.

(8) A court may treat a petition for a sexual assault protection order as a petition for a harassment protection order or a domestic abuse protection order if it appears from the facts in the petition, affidavit, and evidence presented at a show-cause hearing that such other protection order is more appropriate and if:

(a) The court makes specific findings that such other order is more appropriate;

or (b) The petitioner has requested the court to so treat the petition.

(9)(a) Upon the issuance or renewal of any temporary ex parte or final sexual assault protection order, the clerk of the court shall forthwith provide the petitioner, without charge, with two certified copies of such order.

The clerk of the court shall also forthwith provide the local police department or local law enforcement agency and the local sheriff's office, without charge, with one copy each of such order and one copy each of the sheriff's return thereon.

The clerk of the court shall also forthwith provide a copy of the sexual assault protection order to the sheriff's office in the county where the respondent may be personally served together with instructions for service.

Upon receipt of the order and instructions for service, such sheriff's office shall forthwith serve the sexual assault protection order upon the respondent and file its return thereon with the clerk of the court which issued the sexual assault protection order within fourteen days of the issuance of the initial or renewed sexual assault protection order.

If any sexual assault protection order is dismissed or modified by the court, the clerk of the court shall forthwith provide the local police department or local law enforcement agency and the local sheriff's office, without charge, with one copy each of the order of dismissal or modification.

-37- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (b) If the respondent is present at a hearing convened pursuant to this section and the sexual assault protection order is not dismissed, such respondent shall be deemed to have notice by the court at such hearing that the protection order will be granted and remain in effect and further service of such notice described in this subsection shall not be required for purposes of prosecution under this section.

(c) A temporary ex parte sexual assault protection order shall be affirmed and deemed the final protection order and service of the temporary ex parte order shall be notice of the final protection order if the respondent has been properly served with the ex parte order and:

(i) The respondent fails to request a show-cause hearing within ten business days after service upon him or her and no hearing was requested by the petitioner or upon the court's own motion;

(ii) The respondent has been properly served with notice of any hearing requested by the respondent or petitioner or upon the court's own motion and the respondent fails to appear at such hearing;

or (iii) The respondent has been properly served with notice of any hearing requested by the respondent, the petitioner, or upon the court's own motion and the protection order was not dismissed at the hearing.

(10) A peace officer shall, with or without a warrant, arrest a person if (a) the officer has probable cause to believe that the person has committed a violation of a sexual assault protection order issued pursuant to this section or a violation of a valid foreign sexual assault protection order recognized pursuant to section 28-311.12 and (b) a petitioner under this section provides the peace officer with a copy of such order or the peace officer determines that such an order exists after communicating with the local law enforcement agency.

(11) A peace officer making an arrest pursuant to subsection (10) of this section shall take such person into custody and take such person before the county court or the court which issued the sexual assault protection order within a reasonable time.

At such time the court shall -38- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 establish the conditions of such person's release from custody, including the determination of bond or recognizance, as the case may be.

The court shall issue an order directing that such person shall have no contact with the alleged victim of the sexual assault offense.

(12)(a) An order issued under subsection (1) of this section may be renewed annually.

To request renewal of the order, the petitioner shall file a petition for renewal and affidavit in support thereof at any time within forty-five days prior to the date the order is set to expire, including the date the order expires.

(b) A sexual assault protection order may be renewed on the basis of the petitioner's affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested renewal if:

(i) The petitioner seeks no modification of the order;

and (ii)(A) The respondent has been properly served with notice of the petition for renewal and notice of hearing and fails to appear at the hearing;

or (B) The respondent indicates that he or she does not contest the renewal.

(c) The petition for renewal shall state the reasons a renewal is sought and shall be filed with the clerk of the district court, and the proceeding thereon may be heard by the county court or the district court as provided in section 25-2740.

A petition for renewal will otherwise be governed in accordance with the procedures set forth in subsections (4) through (11) of this section.

The renewed order shall specify that it is effective for one year commencing on the first calendar day after expiration of the previous order or on the calendar day the court grants the renewal if such day is subsequent to the first calendar day after expiration of the previous order.

(13) When provided by the petitioner, the court shall make confidential numeric victim identification information, including social -39- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 security numbers and dates of birth, available to appropriate criminal justice agencies engaged in protection order enforcement efforts.

Such agencies shall maintain the confidentiality of this information, except for entry into state and federal databases for protection order enforcement.

(14) For purposes of this section, sexual assault offense means:

(a) Conduct amounting to sexual assault under section 28-319 or 28-320, sexual abuse by a school worker employee under section 28-316.01, sexual assault of a child under section 28-319.01 or 28-320.01, or an attempt to commit any of such offenses;

or (b) Subjecting or attempting to subject another person to sexual contact or sexual penetration without his or her consent, as such terms are defined in section 28-318.

Sec.

27.

and (g) (d) Student means a person at least sixteen but not more than nineteen years of age enrolled in or attending a public, private, -40- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 denominational, or parochial school approved or accredited by the State Department of Education, or who was such a person enrolled in or who attended such a school within ninety days of any violation of this section.

It is not a defense to a charge under this section that the student consented to such sexual penetration or sexual -13- LB150 LB150 2025 contact.

28.27.

(2) Intimate parts means the genital area, groin, inner thighs, -41- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 buttocks, or breasts;

(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 -42- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 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;

29.28.

and (2) Person means (a) an individual employed by the Department of Correctional Services or by the Division of Parole Supervision, 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) 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 -43- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 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) an individual employed by the Office of Probation Administration who performs official duties within any facility operated by the Department of Correctional Services or a city or -14- LB150 LB150 2025 county correctional or jail facility.

30.29.

-44- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (4) (2) Criminal mischief is a Class IV felony if the actor intentionally or maliciously causes pecuniary loss of five thousand dollars or more , or a substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public service.

31.30.

32.31.

-45- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 29-1912 (1) When a defendant is charged with a felony or when a defendant is charged with a misdemeanor or a violation of a city or village ordinance for which imprisonment is a possible penalty, he or she may request the court where the case is to be tried, at any time after the filing of the indictment, information, or complaint, to order the prosecuting attorney to permit the defendant to inspect and copy or photograph:

-15- LB150 LB150 2025 (a) The request is material to the preparation of the defense;

-46- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (b) The request is not made primarily for the purpose of harassing the prosecution or its witnesses;

33.32.

29-1918 A29-1918 A party who discovers additional evidence or material before or during trial must promptly disclose its existence to the other party or the court if:

-47- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (1) The evidence or material is subject to discovery or inspection under sections 29-1912 to 29-1921;

34.33.

(b) If the felony committed is in violation of subsection (3) of section 28-306 and at least one of the prior convictions is in violation -48- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 of subsection (3) of section 28-306 and the other is in violation of one of the sections set forth in subdivision (a) of this subsection or if the felony committed is in violation of one of the sections set forth in subdivision (a) of this subsection and both of the prior convictions are in violation of subsection (3) of section 28-306, the mandatory minimum term shall be twenty-five years and the maximum term not more than sixty years;

(2) When punishment of an accused as a habitual criminal is sought, the facts with reference thereto shall be charged in the indictment or information which contains the charge of the felony upon which the accused is prosecuted, but the fact that the accused is charged with being a habitual criminal shall not be an issue upon the trial of the felony charge and shall not in any manner -16- LB150 LB150 2025 be disclosed to the jury.

The court shall fix a time -49- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 for the hearing and notice thereof shall be given to the accused at least three days prior thereto.

35.34.

(5) Probationer means a person sentenced to probation or post-post-release release supervision;

(6) Probation officer means an employee of the system who supervises probationers and conducts presentence, predisposition, or other -50- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 investigations as may be required by law or directed by a court in which he or she is serving or performs such other duties as authorized pursuant to section 29-2258, except unpaid volunteers from the community;

36.35.

-51- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (1) Supervise and administer the office;

Such ex-offenderex- offender shall maintain a record free of arrests, except for minor traffic violations, for one year immediately preceding his or her appointment;

All information provided to the Nebraska Commission on Law Enforcement and Criminal Justice for the purpose of providing access to such information to law enforcement agencies through the -17- LB150 LB150 2025 state's criminal justice information system shall be provided in a manner that allows such information to be readily accessible through the main interface of the system;

Training shall include the proper use of a risk and needs assessment, risk-basedrisk- based supervision strategies, relationship skills, cognitive behavioral interventions, community-based resources, criminal risk factors, and targeting criminal risk factors to reduce recidivism and the proper use of a matrix of administrative sanctions, custodial sanctions, -52- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 and rewards developed pursuant to subdivision (18) of this section.

The report shall be transmitted by the Supreme Court to the Governor and the -53- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 Clerk of the Legislature.

(14) Use the funds provided under section 29-2262.07 to augment operational or personnel costs associated with the development, implementation, and evaluation of enhanced probation-based programs and non-probation-based programs and services in which probation personnel or probation resources are utilized pursuant to an interlocal agreement authorized by subdivision (16) of this section and to purchase services to provide such programs aimed at enhancing adult probationer or non-non-probation-based probation-based program participant supervision in the community and treatment needs of probationers and non-probation-basednon- probation-based program participants.

(18) Develop a matrix of rewards for compliance and positive -54- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 behaviors and graduated administrative sanctions and custodial sanctions for use in responding to and deterring substance abuse violations and technical violations.

Each member of the Legislature shall receive an electronic copy of the report required by subdivision (12) of this section by making a request for it -18- LB150 LB150 2025 to the administrator.

37.36.

When an offender has been convicted of murder in the first degree and (a) a jury renders a verdict finding the existence of one or more aggravating circumstances as provided in section 29-2520 or (b)(i) the information contains a notice of aggravation as provided in section 29-1603 and (ii) the offender waives his or her right to a jury determination of the alleged aggravating circumstances, the court shall not commence the sentencing determination proceeding as provided in section 29-2521 without first ordering a presentence investigation of the offender and according due consideration -55- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 to a written report of such investigation.

(5) Before imposing sentence, the court may order the offender to submit to psychiatric observation and examination for a period of not -56- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 exceeding sixty days or such longer period as the court determines to be necessary for that purpose.

(7) The court shall permit inspection of the presentence report, substance abuse evaluation, or psychiatric examination or parts of the report, evaluation, or examination, as determined by the court, by the -57- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 prosecuting attorney and defense counsel.

Upon application by the prosecuting attorney or defense counsel, the court may order that addresses, telephone numbers, and other contact information for victims or witnesses named in the report, evaluation, or examination be redacted upon a showing by a preponderance of the evidence that such redaction is warranted in the interests -19- LB150 LB150 2025 of public safety.

38.37.

-58- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 29-2935 For purposes of evaluating the treatment process, the Division of Parole Supervision, the Department of Correctional Services, the Board of Parole, and the designated aftercare treatment programs shall allow appropriate access to data and information as requested by the Department of Health and Human Services.

39.38.

29-400329-4003 (1)(a) (1)(a) The Sex Offender Registration Act applies to any person who on or after January 1, 1997:

(K) Knowingly possessing any visual depiction of sexually explicit -59- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 conduct which has a child as one of its participants or portrayed observers pursuant to subsection (1) or (4) of section 28-813.01;

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)(1) (a)(i)(N) of this section;

-60- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (I) Murder in the first degree pursuant to section 28-303;

-20- LB150 LB150 2025 (V) Assault in the second degree pursuant to section 28-309;

or (XVII) Attempt, solicitation, aiding or abetting, being an accessory, or conspiracy to commit an offense listed in subdivisions (1)(1)(b)(i)(A)(I) (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 -61- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 information contained in the presentence report;

(c) In addition to the registrable offenses under subdivisions (1)(1)(a) (a) and (b) of this section, the Sex Offender Registration Act applies to any person who on or after January 1, 2020:

(d) In addition to the registrable offenses under subdivisions (1)(1)(a), (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 -62- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 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;

40.39.

The written notice shall inform the defendant (i) that he or she shall be subject to lifetime community supervision by the department division upon release and that the department division shall conduct a risk assessment and evaluation to determine the conditions of community supervision which will minimize, in the least restrictive manner that is compatible with -21- LB150 LB150 2025 public safety, the risk of the defendant committing additional offenses, (ii) that a violation of any of the conditions of community supervision imposed by the department division may result in the revision of existing -63- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 conditions, the addition of new conditions, a recommendation that civil commitment proceedings should be instituted, or criminal prosecution, and (iii) of his or her right to challenge the determination of the conditions of community supervision by the department division and the right to a periodic review of the conditions of community supervision pursuant to section 83-174.03 to determine if the conditions are still necessary to protect the public;

The written notice shall inform the person (i) that he or she shall be subject to lifetime community supervision by the department division upon release and that the department division shall conduct a risk assessment and evaluation of the defendant to determine the conditions of community supervision which will minimize, in the least restrictive manner that is compatible with public safety, the risk of the person committing additional offenses, (ii) that a violation of any of the conditions of community supervision imposed by the department division may result in the revision of existing conditions, the addition of new conditions, a -64- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 recommendation that civil commitment proceedings should be instituted, or criminal prosecution, and (iii) of his or her right to challenge the determination of the conditions of community supervision by the department division and the right to a periodic review of the conditions of community supervision pursuant to section 83-174.03 to determine if the conditions are still necessary to protect the public;

40.

 Sections 29-4801 to 29-4807 apply on and after July 1, 2027.

Sec.

Section 29-4803, Revised Statutes Cumulative Supplement, 2024, is amended to read:

29-4803 (1) The probation administrator shall create a veteran justice program as provided in sections 29-4802 to 29-4804 and subject to the Supreme Court's rules.

The program shall be available in every district court and county court.

A veteran justice program shall not supersede, alter, or otherwise interfere with the establishment, functioning, participation, or operation of a problem solving court established pursuant to section 24-1302.

(2) A veteran justice program shall be operated by use of deferred judgments as provided in this section.

(3) Upon a finding of guilt for which a judgment of conviction may be rendered, a defendant that is eligible to participate in a veteran justice program may request the court defer the entry of judgment of conviction under this section.

Upon such request, the court shall provide notice to any victim of the offense of the request and provide an opportunity for the victim to provide a statement for consideration by the court.

After giving the prosecutor and defendant the opportunity to be heard, the court may defer the entry of a judgment of conviction and the imposition of a sentence and place the defendant on probation, upon conditions as the court may require under sections 29-2262 and 29-4804.

If the court defers the entry of judgment, the court shall provide notice to victims of the offense.

(4)(a) Whenever a court considers a request to defer judgment under this section, the court shall consider the following:

(i) The factors set forth in subsections (2) and (3) of section 29-2260 and section 29-4802;

(ii) The supervision, treatment, and other programming options available in the community;

and (iii) Any other information the court deems relevant.

(b) Except as provided in subdivision (4)(c) of this section, there shall be a presumption that a veteran eligible under section 29-4802 shall be allowed to participate in a veteran justice program.

The presumption shall only be overcome by a judicial finding, based on an individualized assessment of the veteran and consideration of the factors set forth in subdivisions (4)(a)(i), (ii), and (iii) of this section, that entry of judgment of conviction should not be deferred.

The fact that a veteran has previously absconded from or violated pretrial release, probation, parole, supervised release, post-release supervision, or another form of court-ordered supervision, including a violation arising from commission of a new offense or an offense committed while previously participating in a veteran justice program, is not, standing alone, a sufficient basis to overcome the presumption.

(c) The presumption provided for in subdivision (4)(b) of this section -22- LB150 LB150 2025 does not apply to a veteran charged with:

(i) A violation of section 60-6,196 or 60-6,197, or a city or village ordinance enacted in conformance with section 60-6,196 or 60-6,197, following a previous conviction for a violation of any such section or ordinance;

or (ii) An offense that resulted in serious bodily injury to another person.

(5) Except as otherwise provided in this section and sections 29-2293 and 29-2294, the supervision of a defendant on probation pursuant to a deferred judgment shall be governed by the Nebraska Probation Administration Act and sections 29-2270 to 29-2273.

(6) After a hearing providing the prosecutor and defendant an opportunity to be heard and upon a finding that a defendant has violated a condition of his or her probation, the court may enter any order authorized by section 29-2268 or pronounce judgment and impose such new sentence as might have been originally imposed for the offense for which the defendant was convicted.

(7) Upon satisfactory completion of the conditions of probation and the payment or waiver of all administrative and programming fees assessed under section 29-2293, the defendant or prosecutor may file a motion to withdraw any plea entered by the defendant and to dismiss the action without entry of judgment.

The court shall not grant such motion until a victim of the offense has received notice and the opportunity to be heard, as required by subsection (4) of section 29-4804.

(8) Sections 29-4802 to 29-4804 apply to offenses committed on or after July 1, 2027 2025.

For purposes of this subsection, an offense shall be deemed to have been committed prior to July 1, 2027 2025, if any element of the offense occurred prior to such date.

Sec.

42.

Section 29-4807, Revised Statutes Cumulative Supplement, 2024, is amended to read:

29-4807 (1) The State Court Administrator shall compile information on the number of veterans receiving, successfully completing, declining, and denied participation in a veteran justice program and the sentencing mitigation described in section 29-4805.

(2) The State Court Administrator shall track outcomes among veterans who participate in a veteran justice program, including completion status, recidivism, and housing and employment status.

(3) Data collected under this section shall be disaggregated by race, ethnicity, gender, age, military discharge characterization, and the offense involved.

(4) On or before July 1, 2028 2026, and on or before each July 1 thereafter, the State Court Administrator shall electronically submit a report to the Judiciary Committee of the Legislature.

The report shall contain de- identified data collected pursuant to this section and shall analyze the outcomes, successes, and areas for improvement of the veteran justice programs and the sentencing mitigation described in section 29-4805.

Sec.

43.

All qualified citizens shall fulfill their obligation to serve as judges or clerks of -65- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 election as prescribed by the election commissioner.

If the election commissioner finds that a judge or clerk of election or inspector does not possess all the qualifications prescribed in this section or if any judge or clerk of election or inspector is -23- LB150 LB150 2025 guilty of neglecting the duties of the office or of any official misconduct, the election commissioner shall remove the person and fill the vacancy.

42.44.

The chairperson of the county central committee of -66- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 each political party shall send the names of the appointments to the county clerk no later than February 1 prior to the primary election.

If the political party casting the third highest number of votes cast less than ten percent of the total vote cast in the county at the immediately preceding general election, the political party casting the highest number of votes at the immediately preceding general election shall be -67- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 entitled to two judges and one clerk.

43.45.

39-210 To qualify to appear on a tourist-oriented directional sign panel, an activity shall be licensed and approved by the state and local agencies if required by law and be open to the public at least eight hours per day, five days per week, including Saturdays or Sundays, during the normal season of the activity, except that if the activity is a -68- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 winery, the winery shall be open at least twenty hours per week.

44.46.

Section 2, Legislative Bill 80, One Hundred Ninth Legislature, First Session, 2025, is amended to read:

-24- LB150 LB150 2025 Sec.

2.

For purposes of the Protection Orders Act:

(1) Abuse has the same meaning as in section 42-903;

(2) Course of conduct has the same meaning as in section 28-311.02;

(3) Family or household members has the same meaning as in section 42-903;

(4) Harass has the same meaning as in section 28-311.02;

(5) Household pet means any animal maintained for companionship or pleasure but does not include any animal kept primarily for commercial purposes or for consumption or any livestock animal as defined in section 54-902;

(6) Law enforcement agency means the police department or town marshal in incorporated municipalities, the office of the sheriff in unincorporated areas, and the Nebraska State Patrol;

and (7) Sexual assault offense means:

(a) Conduct amounting to sexual assault under section 28-319 or 28-320, sexual abuse by a school worker employee under section 28-316.01, sexual assault of a child under section 28-319.01 or 28-320.01, a violation of section 28-311.08, or an attempt to commit any of such offenses;

or (b) Subjecting or attempting to subject another person to sexual contact or sexual penetration without such person's consent, as such terms are defined in section 28-318.

Sec.

47.

(2) The changes made to this section by this legislative bill apply to actions under sections 43-1401 to 43-1418 that are pending on the -69-operative ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 effective date of this actsection and to cases filed on or after such date.

45.48.

43-1411 (1)43-1411 (1) A civil proceeding to establish the paternity of a child may be instituted, in the court of the district where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act, where the alleged father is domiciled, by:

(b) Upon filing of the complaint and affidavit, the juvenile court may shall enter an order pursuant to section 43-1414 to require genetic -70- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 testing and to require the juvenile to be made available for genetic testing.

(5) The changes made to this section by this legislative bill apply to actions under sections 43-1401 to 43-1418 that are pending on the effectiveoperative date of this actsection and to cases filed on or after such date.

46.49.

If genetic testing is required, the court shall direct that -25- LB150 LB150 2025 inherited characteristics be determined by appropriate testing procedures and shall appoint an expert in genetic testing and qualified as an examiner of genetic markers to analyze and interpret the results and to report to the court.

(2) In any proceeding to establish paternity, the Department of -71- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 Health and Human Services, county attorneys, and authorized attorneys have the authority to require the child, the mother, and the alleged father to submit to genetic testing to be performed on blood or any other appropriate genetic testing material.

After a testing laboratory destroys an individual's genetic testing material as provided in this subsection, it shall notify the -72- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 adult individual, or the parent or legal guardian of a minor individual, by certified mail that the genetic testing material was destroyed.

(10) The changes made to this section by this legislative bill apply to actions under sections 43-1401 to 43-1418 that are pending on the effectiveoperative date of this actsection and to cases filed on or after such date.

47.50.

Section 45-1056,93, ReissueLegislative RevisedBill Statutes474, ofOne Nebraska,Hundred Ninth Legislature, First Session, 2025, is amended to read:

45-1056 A licensee shall not refuse to enter into a loan or impose finance charges or other terms or conditions of credit more onerous than those regularly extended by that licensee to borrowers of similar economic backgrounds because of the age, color, creed, national origin, political affiliation, race, religion, sex, marital status, or disability, or military or veteran status of the borrower or because the -73- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 borrower receives public assistance, social security benefits, pension benefits, or the like.

48.93.

(1) A licensee shall not refuse to enter into a loan or impose finance charges or other terms or conditions of credit more onerous than those regularly extended by that licensee to borrowers of similar economic backgrounds because of the age, color, creed, national origin, political affiliation, race, religion, sex, marital status, or disability, or military or veteran status of the borrower or because the borrower receives public assistance, social security benefits, pension benefits, or the like.

(2) No licensee shall conduct the business of making loans under the Nebraska Installment Loan and Sales Act within any office, room, or place of business in which any other business is solicited or engaged in, or in association or conjunction with any other business, if the director finds that the other business is of such nature that the conducting of such other business tends to conceal evasion of the act or of the rules and regulations adopted and promulgated under the act.

In such case, the director shall order such licensee in writing to cease and desist from such conduct.

(3) No licensee shall, directly or indirectly, require a borrower as a condition of granting a loan to such borrower to reaffirm or otherwise obligate the borrower to pay a former debt to the licensee which has been discharged in bankruptcy proceedings.

(4) Any person who makes a false statement to secure a loan is guilty of a Class III misdemeanor.

The punishment shall not be exacted, however, when such a loan is made after the licensee is aware of the falsity of the statement.

(5) No licensee or other person subject to the Nebraska Installment Loan -26- LB150 LB150 2025 and Sales Act shall advertise, print, display, publish, distribute, or broadcast or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner whatsoever any false, misleading, or deceptive statement or representation with regard to the rates, terms, or conditions for the lending of money, credit, goods, or things in action.

The director may order any licensee to cease and desist from any conduct which he or she finds to be a violation of this section.

The director may require that rates of charge, if stated by a licensee, be stated fully and clearly in such manner as the director deems necessary to prevent misunderstanding by prospective borrowers.

(6) No loan, made outside this state, in the amount or of the value of three thousand dollars or less, for which a greater rate of interest, consideration, or charges than is permitted by section 45-350 has been charged, contracted for, or received, shall be enforced in this state.

Every person participating in such loan in this state is subject to the Nebraska Installment Loan and Sales Act, except that the act shall not apply to loans legally made in any state under and in accordance with a regulatory small loan law similar in principle to such act.

(7) In connection with the collection of any loan, a licensee may not:

(a) Use or threaten to use violence;

(b) Use obscene or profane language;

(c) Cause a telephone to ring or engage a person in telephone conversation at times known to be inconvenient to the borrower;

(d) Falsely represent the character, amount, or legal status of any debt;

(e) Falsely represent that an individual is an attorney when he or she is not;

(f) Falsely represent that nonpayment of any debt will result in the arrest or imprisonment of the borrower or any member of the borrower's household;

(g) Threaten to take any action that the licensee knows cannot legally be taken at the time the threat is made;

(h) Falsely represent that the borrower committed any crime when the borrower did not;

(i) Communicate or threaten to communicate to any person credit information which is known to be false;

(j) Use or distribute any written communication which falsely represents that it is a document authorized, issued, or approved by any court, official, or agency of the United States or any state;

(k) Charge or collect any fees, charges, or expenses, incidental to the collection of any loan, unless such amount is expressly authorized by the loan agreement or permitted by law;

(l) Accept from any person a check or other payment instrument postdated by more than five days unless such person is notified in writing of the licensee's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit;

(m) Solicit any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution;

(n) Deposit or threaten to deposit any postdated check prior to the date on such check;

(o) Cause charges to be made to any person for communications by concealment of the true purpose of the communication, including, but not limited to, collect telephone calls and telegram fees;

(p) Communicate with a borrower regarding a debt by postcard;

or (q) Communicate with a borrower at the borrower's place of employment if the licensee has received actual notice that the borrower's employer prohibits the borrower from receiving such communication.

Sec.

51.

45-130345-1303 (1) (1) The Medical Debt Relief Program is established for the purpose of discharging medical debt of eligible residents by contracting with a medical debt relief coordinator as described in subsection (3) of this section.

-27- LB150 LB150 2025 (ii) The medical debt relief coordinator may negotiate for and elect -74- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 to buy the dischargeable medical debt from a health care provider that identifies the accounts described in subdivision (3)(c)(i) of this section as a bad debt expense and agrees to sell the debt for less than the original value;

-75- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (f) Health care providers that are willing to sell medical debt to the medical debt relief coordinator shall provide necessary information to, and otherwise coordinate with, the medical debt relief coordinator as needed to carry out the purposes of the Medical Debt Relief Act.

49.52.

(7) In order to ensure adequate funding for substance abuse treatment programs, consult with the probation administrator and the Director of Correctional Supervision and Services of the Division of Parole Supervision and develop or assist with the development of programs -76- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 as provided in subdivision (14) of section 29-2252 and subdivision (20) (8) of section 83-173 83-1,102;

(iii) The costs of operating the facility or program and the cost per -28- LB150 LB150 2025 offender;

(c) An analysis of the impact community correctional facilities and -77- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 programs have on the number of offenders incarcerated within the Department of Correctional Services;

50.53.

51.54.

Section 47-627, Reissue Revised Statutes of Nebraska, is -78- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 amended to read:

52.55.

47-629 (1)47-629 (1) The Board of Parole may parole an offender to a community correctional facility or program pursuant to guidelines developed by the division.

53.56.

-79- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (2) Department means the Department of Correctional Services;

-29- LB150 LB150 2025 (10) (11) Private agency means an entity that contracts with the department or contracts to provide services to another entity that contracts with the department;

54.57.

47-908 All employees of the department , all employees of the -80- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 Division of Parole Supervision, and all owners, operators, managers, supervisors, and employees of private agencies shall cooperate with the office.

55.58.

-81- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 Sec.

56.59.

47-1102 (1) The Legislature finds that studies have shown that post-post-prison prison outcomes tend to be better for committed offenders who participate in work release programs prior to discharge from custody.

57.60.

-82- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (1) Advisory board means the Reentry Continuity Advisory Board established in section 47-1117;

(6) (7) Individualized release plan means a detailed written plan outlining a committed offender's future vocational goals, training, employment, -30- LB150 LB150 2025 and needed treatment services following the committed offender's release from a community work release and reentry center;

and -83- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (11)(a) (12)(a) Reentry housing facility means a facility which is owned or operated by a private organization, whether nonprofit or for-for-profit, profit, that receives direct payment from the board, division, probation administration, or department to provide reentry housing.

58.61.

59.62.

47-1105 (1) The division and the department may exercise all powers and perform all duties necessary and proper for carrying out their responsibilities under the Community Work Release and Reentry Centers -84- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 Act.

(d) To ensure that committed offenders only leave the center for purposes of work or for other specified and approved activities, -85- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 including, but not limited to, job interviews, medical appointments, treatment, and outings to visit family;

60.63.

-31- LB150 LB150 2025 47-1106 The division and the department shall set standards for the appropriate staffing levels of community work release and reentry centers.

61.64.

The individualized release plan for a parole-eligible committed offender shall be developed in -86- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 coordination with the assigned district parole officer.

(3) If a committed offender whose sentence includes a term of post-post-release release supervision is released from a center, the offender shall be subject to the conditions of his or her order of post-release supervision and under the supervision of a district probation officer.

62.65.

47-110847-1108 (1) (1) The division and the department shall set requirements for the maintenance of the individual records of committed offenders assigned to a community work release and reentry center.

63.66.

47-110947-1109 The The division and the department shall establish an internal system for assessing the achievements of community work release and reentry centers and the effectiveness of the Community Work Release and Reentry Centers Act as a whole.

64.67.

47-1110 (1)47-1110 (1) The department division shall designate a parole officer to monitor the performance of each parole-eligible committed offender who is assigned to a community work release and reentry center.

(2) The department shall designate a correctional officer to monitor -87- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 the performance of each committed offender who is assigned to a community work release and reentry center under subsection (3) of section 47-1104.

65.68.

66.69.

47-111347-1113 The The division and the department may allow a community work release and reentry center to have access to all of the records, documents, and reports in the custody of the division or the department, other than presentence investigation reports, that relate to any committed offender who is assigned to the center.

67.70.

47-111447-1114 (1) (1) By July 1, 2026, the division and the department shall develop a strategic plan and procedure to allow private providers to bid on agreements to establish community work release and reentry centers pursuant to the Community Work Release and Reentry Centers Act.

68.71.

47-1115 (1) The department, with the assistance of the board, shall establish a program to encourage the development of reentry housing, coordinate the provisions of reentry services, and provide standards for -88- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 reentry housing.

-32- LB150 LB150 2025 Through this program, the department shall:

(2) The department and board may use available funds to encourage development of quality, safe reentry housing and to assist existing reentry housing facilities in making improvements for the benefit of -89- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 reentering persons and public safety.

69.72.

47-111647-1116 (1) (1) Reentry housing facilities shall cooperate with investigations and evaluations conducted pursuant to the Community Work Release and Reentry Centers Act and shall provide the department, board, division, probation administration, and the Office of Public Counsel with reasonable access to facilities and records related to the provision of reentry housing.

-90- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 Sec.

70.73.

-33- LB150 LB150 2025 (b) Provide advice and assistance to the department and board relating to reentry housing in Nebraska;

(d) Promote public safety through effective reintegration into the -91- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 community;

Such evaluation shall be accomplished using an -92- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 integrated reentry and rehabilitation framework, which shall include an examination of:

The report shall -93- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 provide stakeholders with a clear understanding of the progress made, challenges faced, and strategies employed throughout the reporting period.

71.74.

72.75.

73.76.

48-628.1348-628.13 Good Good cause for voluntarily leaving employment shall include, but not be limited to, the following reasons:

(1) An individual has made all reasonable efforts to preserve the employment but voluntarily leaves his or her work for the necessary purpose of -34- LB150 LB150 2025 escaping abuse at the place of employment or abuse as defined in section 42-903 between household members;

(3) An individual left his or her employment to accompany his or her -94- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 spouse to the spouse's employment in a different city or new military duty station;

(8) An individual left his or her employment because of unlawful discrimination or workplace harassment on the basis of race, sex, or age, -95- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 or military or veteran status;

74.77.

48-1125 Sections 48-1102 to 48-1126 and sections 74,77, 75,78, and 8891 of this act 48-1101 to 48-1125 shall be known and may be cited as the Nebraska Fair Employment Practice Act.

75.78.

Section 48-1101, Reissue Revised Statutes of Nebraska, is -96- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 amended to read:

48-110148-1101 (1) (1) It is the policy of this state to foster the employment of all employable persons in the state on the basis of merit regardless of their race, color, religion, sex, disability, or national origin, or military or veteran status and to safeguard their right to obtain and hold employment without discrimination because of their race, color, religion, sex, disability, or national origin, or military or veteran status.

(2) Except for the veterans preference provided for in sections 48-225 to 48-231, the The policy of this state does not require any person to employ an applicant for employment because of his or her race, color, religion, sex, disability, or national origin, or military or veteran status, and the policy of this state does not require any employer, employment agency, labor -35- LB150 LB150 2025 organization, or joint labor-labor-management management committee to grant preferential treatment to any individual or to any group because of race, color, religion, sex, disability, or national origin, or military or veteran status.

76.79.

-97- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (1) To fail or refuse to hire, to discharge, or to harass any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, disability, marital status, or national origin, or military or veteran status;

77.80.

78.81.

(2) To limit, segregate, or classify its membership, or to classify -98- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect such individual's status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, disability, marital status, or national origin, or military or veteran status;

79.82.

48-1107 It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-on-the-job the-job training programs, to discriminate against any individual because of race, color, religion, sex, disability, marital status, or national origin, or military or veteran status, in admission to, or employment in, any program established to provide apprenticeship or other training.

80.83.

(1) It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis of religion, sex, disability, marital status, or national origin, or military or veteran status in those certain instances when religion, sex, -99- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 disability, marital status, or national origin, or military or veteran status is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;

(2) It shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society or if the curriculum of such school, college, university, or other educational institution of learning is directed toward the propagation of a -36- LB150 LB150 2025 particular religion;

81.84.

48-1111 (1) Except as otherwise provided in the Nebraska Fair Employment Practice Act, it shall not be an unlawful employment practice -100- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if such differences are not the result of an intention to discriminate because of race, color, religion, sex, disability, marital status, or national origin, or military or veteran status, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test if such test, its administration, or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, disability, marital status, or national origin, or military or veteran status.

(4) (2) Except as otherwise provided in the Nebraska Fair Employment Practice Act, women affected by pregnancy, childbirth, or related medical -101- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 conditions shall be treated the same for all employment-related purposes, including receipt of employee benefits, as other persons not so affected but similar in their ability or inability to work, and nothing in this section shall be interpreted to provide otherwise.

82.85.

83.86.

-102- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 48-1115 Except as provided in section 8891 of this act and except for the veterans preference provided for in sections 48-225 to 48-231 or section 48-238, it It shall be an unlawful employment practice for an employer, labor organization, or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an -37- LB150 LB150 2025 employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or discrimination based on race, color, religion, sex, disability, marital status, or national origin, or military or veteran status, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, disability, marital status, or national origin, or military or veteran status when religion, sex, disability, marital status, or national origin, or military or veteran status is a bona fide occupational qualification for employment.

84.87.

(3) To cooperate with the federal government and with local agencies to effectuate the purposes of the Nebraska Fair Employment Practice Act, including the sharing of information possessed by the commission on a -103- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 case that has also been filed with the federal government or local agencies if both the employer and complainant have been notified of the filing;

If the commission or the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency, or labor organization in question would impose an undue hardship, the commission or the court, as the case may be, may grant appropriate -104- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 relief;

85.88.

Both the complainant and the -105- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 respondent, in addition to the commission, may -38- LB150 LB150 2025 introduce witnesses at the hearing.

Such -106- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 findings of fact and conclusions of law shall be in sufficient detail to enable a court on appeal to determine the controverted questions presented by the proceedings and whether proper weight was given to the evidence.

(5) No order of the commission shall require the admission or reinstatement of an individual as a member of a labor organization or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him or her of any backpay, if such individual was refused admission, suspended, or expelled, or was refused employment or -107- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex, disability, marital status, or national origin, or military or veteran status or in violation of section 48-1114.

86.89.

-39- LB150 LB150 2025 Sec.

87.90.

48-1124 Nothing contained in the Nebraska Fair Employment Practice Act shall be deemed to repeal any of the provisions of the civil rights -108- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 law, any other law of this state, or any municipal ordinance relating to discrimination because of race, creed, color, religion, sex, disability, or national origin, or military or veteran status.

88.91.

89.92.

-109- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (6) Federal refers shall refer to the United States;

(17) (16) Person includes shall include bodies politic and -110- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations;

-40- LB150 LB150 2025 Sec.

90.93.

(2) The library board may establish rules and regulations for the government of such library as may be deemed necessary for its -111- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 preservation and to maintain its usefulness and efficiency.

91.94.

and -112- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (6) Existing federal guidelines or standards for determining low income and moderate income.

92.95.

58-808 Private health care institution means any private not-for-not-for-profit profit corporation or institution that (1) is licensed under the Health Care Facility Licensure Act, (2) is described in section 501(c)(3) of the Internal Revenue Code and is exempt from federal income taxation under section 501(a) of the Internal Revenue Code, (3) is located within this state and is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, and (4) does not violate any Nebraska or federal law against discrimination on the basis of race, color, creed, national origin, ancestry, age, gender, or handicap, or military or veteran status.

93.96.

58-809 Private institution of higher education means a not-for-not-for-profit profit educational institution located within this state which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, which is authorized by law to provide a program of education beyond the high school level, and which:

or offers a two-year program in engineering, -113- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, research, medicine, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge;

94.97.

-41- LB150 LB150 2025 58-810 Private social services institution means any private not-not-for- for-profitprofit corporation or institution that (1) provides health, safety, and welfare assistance, including emergency, social, housing, and related support services, to members of the general public in the state, (2) is described in section 501(c)(3) of the Internal Revenue Code and is exempt from federal income taxation under section 501(a) of the Internal Revenue Code, (3) is located within this state and is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, and (4) does not violate any Nebraska or federal law against discrimination on the basis of race, color, creed, national origin, ancestry, age, gender, or handicap, or military or veteran status.

95.98.

68-1605 (1) The department shall use the funds in the Homeless -114- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 Shelter Assistance Trust Fund to finance grants for projects or programs that provide for persons or families with special housing needs.

(c) Provide residential housing for at least eight hours of every twenty-four-hourtwenty- four-hour period;

-115- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (a) The number of night-lodging units provided by the applicant as measured by the number of persons housed per night;

96.99.

-116- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 Sec.

97.100.

or -42- LB150 LB150 2025 (ii) Disqualified disqualified from purchasing or possessing firearms or explosives a handgun pursuant to state or federal law or is subject to the disability provisions of 18 U.S.C.

, and -117- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (iv) Meet the definition of adjudicated as a mental defective or committed to a mental institution pursuant to 27 C.F.R.

and (v) Have (c) information regarding those persons who have had firearm-relatedfirearm- related disabilities removed pursuant to section 71-963.

(c) The mental health board shall notify the Department of Health and Human Services and the Nebraska State Patrol when an individual's firearm-relatedfirearm- related such disabilities have been removed pursuant to section 71-963.

(3) Any person, agency, or mental health board participating in good faith in the reporting or disclosure of records and communications under -118- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 this section is immune from any liability, civil, criminal, or otherwise, that might result by reason of the action.

98.101.

69-2410 No69-2410 No importer, manufacturer, or dealer licensed pursuant to 18 U.S.C.

923 shall sell or deliver any handgun to another person other than a licensed importer, manufacturer, dealer, or collector until he or she -119- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 has:

or (2)(a) Obtained a completed consent form from the potential buyer or -43- LB150 LB150 2025 transferee, which form shall be established by the Nebraska State Patrol and provided by the licensed importer, manufacturer, or dealer.

99.102.

100.103.

Section 71-901, Revised Statutes Cumulative Supplement, -120- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 2024, is amended to read:

71-901 Sections 71-901 to 71-964 and sections 103106 and 104107 of this act shall be known and may be cited as the Nebraska Mental Health Commitment Act.

101.104.

71-903 For purposes of the Nebraska Mental Health Commitment Act, unless the context otherwise requires, the definitions found in sections 71-904 to 71-914.02 and sections 103106 and 104107 of this act shall apply.

102.105.

71-90471-904 Administrator Administrator means the administrator or other chief administrative officer of a treatment facility, medical facility, jail, or Department of Correctional Services facility or his or her designee.

103.106.

 DangerousDangerous sex offender has the same meaning as in section 83-174.01.

104.107.

105.108.

-121- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (2) Each mental health board shall consist of an attorney licensed to practice law in this state and any two of the following but not more than one from each category:

106.109.

-122- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 71-919 (1)(a) A law enforcement officer may take a person into emergency -44- LB150 LB150 2025 protective custody, cause him or her to be taken into emergency protective custody, or continue his or her custody if he or she is already in custody if the officer has probable cause to believe:

(d) A mental health professional who has probable cause to believe -123- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 that a person is mentally ill and dangerous or a dangerous sex offender may cause such person to be taken into custody and shall have a limited privilege to hold such person until a law enforcement officer or other authorized person arrives to take custody of such person.

The certificate shall allege the officer's belief that the person in custody is mentally ill and dangerous or a dangerous sex offender and shall contain a summary of the -124- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 person's behavior supporting such allegations.

In the case of a subject domiciled within Indian country who is taken into emergency protective custody under tribal law, the -45- LB150 LB150 2025 mental health professional shall notify an appropriate tribal prosecutor or official of such release.

-125- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 Sec.

107.110.

-126- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (3) In the case of a subject domiciled within Indian country who is taken into emergency protective custody by a law enforcement officer under tribal law, a mental health professional who, upon evaluation of such person, determines that such person is mentally ill and dangerous shall execute appropriate written documentation in a format provided by the tribe not later than twenty-four hours after the completion of such evaluation.

108.111.

The subject in such custody shall be held in the nearest appropriate and available medical facility and shall not be placed in a jail or other correctional facility except as required or authorized by -127- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 subsection (2) of section 71-919.

109.112.

71-92471-924 (1) (1) A hearing shall be held by the mental health board to determine whether there is clear and convincing evidence that the subject is mentally ill and dangerous as alleged in the petition.

If the subject admits the allegations, the board -46- LB150 LB150 2025 shall proceed to enter a treatment order pursuant to section 71-925.

110.113.

71-926 (1) At the conclusion of a mental health board hearing under -128- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 section 71-924 and prior to the entry of a treatment order by the board under section 71-925, the board may (a) order that the subject be retained in custody until the entry of such order and the subject may be admitted for treatment pursuant to such order or (b) order the subject released from custody under such conditions as the board deems necessary and appropriate to prevent the harm described in section 71-908 and to assure the subject's appearance at a later disposition hearing by the board.

A subject shall be retained in custody under this section at the nearest appropriate and available medical facility and shall not be placed in a -129- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 jail or other correctional facility except as required or authorized by subsection (2) of section 71-919.

111.114.

(b) The appropriate tribal official may issue a warrant directed to -130- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 a peace officer or sheriff of any county for the arrest and detention of such person.

112.115.

71-941 (1) A person arrested upon a warrant pursuant to section 71-940 shall not be delivered to a demanding state until he or she is notified of the demand for his or her surrender and has had an opportunity to apply for a writ -47- LB150 LB150 2025 of habeas corpus.

(2) At a hearing on a writ of habeas corpus, the State of Nebraska shall show that there is probable cause to believe that (a) such person is absent without authorization from a treatment facility or program for -131- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 persons with mental illness or substance dependence to which he or she was committed located in the demanding state, (b) the demanding state has reason to believe that such person is currently dangerous to himself, herself, or others, and (c) the demanding state is willing to accept the person back for further treatment.

113.116.

114.117.

71-952 A71-952 A subject shall appear personally or by videoconferencing and be afforded the opportunity to testify in his or her own behalf and to present witnesses and tangible evidence in defending against the petition at the hearing.

115.118.

71-954 (1)71-954 (1) Except as provided in subsection (2) of this section, a A subject shall have the right at a hearing held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act to confront and cross-examine adverse witnesses and evidence equivalent to the rights of confrontation granted by Amendments VI and XIV of the United States Constitution and Article I, section 11, of the Constitution of Nebraska.

-132- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 Sec.

116.119.

117.120.

71-961 (1)71-961 (1) All records kept on any subject shall remain confidential except as otherwise provided by law.

Such records shall be accessible to (a) the subject, except as otherwise provided in subsection (2) of this section, (b) the subject's legal counsel, (c) the subject's guardian or conservator, if any, (d) the mental health board having jurisdiction over the subject, (e) persons authorized by an order of a judge or court, (f) persons authorized by written permission of the subject, (g) agents or employees of the Department of Health and Human Services upon delivery of a subpoena from the department in connection with a licensing or licensure investigation by the department, (h) individuals authorized to receive notice of the release of a sex offender pursuant to section 83-174, (i) the Nebraska State Patrol or the department pursuant to section 69-2409.01, (j) the Department of Correctional Services Division of Parole Supervision if the subject meets the requirements for lifetime community supervision pursuant to section 83-174.03, and (k) any tribal court having jurisdiction over a subject who is domiciled in Indian -133- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 country and committed for treatment as provided in section 71-964.

-48- LB150 LB150 2025 Sec.

118.121.

(1) The definitions found in sections 71-904.02, 71-905, 71-906, 71-907, 71-910, 71-911, 71-914.01, 71-914.02, and 83-174.01 and sections 103106 and 104107 of this act apply;

-134- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (4)(a) Subject means any person concerning whom (i) a certificate has been filed under section 71-1204, (ii) a certificate has been filed under section 71-919 and such person is held pursuant to subdivision (2)(2)(b) (b) of section 71-919, or (iii) a petition has been filed under the Sex Offender Commitment Act.

(c) Subject does not include any person under eighteen years of age unless such person is an emancipated minor;

119.122.

71-120471-1204 (1) (1) Except as provided in subsection (3) of this section, a mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is a dangerous sex offender shall execute a written certificate as provided in subsection (2) of this section not later than twenty-four hours after the completion of such evaluation.

(d) The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder who may be called -135- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 as a witness at a mental health board hearing with respect to the subject, if known;

120.123.

-136- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (2) A petition filed by the county attorney under section 71-1205 may contain a request for the emergency protective custody and evaluation of the subject prior to commencement of a mental health board hearing pursuant to such petition with respect to the subject.

Upon receipt of such request and upon a finding of probable cause to believe that the subject is a dangerous sex offender as alleged in the petition, the court or chairperson of the mental health board may issue a warrant directing the sheriff to take custody of the -49- LB150 LB150 2025 subject.

The county attorney may dismiss the petition at -137- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 any time prior to the commencement of the hearing of the mental health board under section 71-1208, and upon such motion by the county attorney, the mental health board shall dismiss the petition.

121.124.

122.125.

(b) The clerk shall issue the warrant of the board directed to the -138- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 sheriff of the county for the arrest and detention of such person.

123.126.

If multiple lead organizations decide to form a local team, only one -139- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 shall fulfill the role of lead organization.

-50- LB150 LB150 2025 (b) Behavioral health providers or officials;

-140- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (f) A substance use disorder treatment provider from a licensed substance use disorder treatment program;

-141- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 (f) Ensure the team fulfills the requirements of section 71-3427 to publish an annual report, including recommendations to prevent future drug overdose deaths;

124.127.

71-3430 (1)71-3430 (1) Except as provided in subsection (4) of this section, on written request of the lead organization, and as necessary to carry out the purpose and duties of the local team, the lead organization shall be provided with the following information:

and (b) Information and records maintained by a state or local government agency or entity, including, but not limited to, death investigative information, coroner investigative information, law enforcement investigative information, emergency medical services reports, fire department records, prosecutorial records, parole and probation information and records, court records, school records, and information and records of a social services agency, including the department, if the agency or entity provided services to an-51- individual -142- ER90 ER90 LB150 LB150 MJP2025 -an 05/22/2025individual MJP - 05/22/2025 whose death is being reviewed by the local team.

42 C.F.R.

and the Child Protection and Family -143- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 Safety Act.

125.128.

(b) Display for the passenger either a picture of the driver's personal vehicle and a picture of the driver or the license plate number -144- ER90 ER90 LB150 LB150 MJP - 05/22/2025 MJP - 05/22/2025 of the driver's personal vehicle on the online-enabled application or platform that a transportation network company uses to connect drivers and passengers;