LB 965 — Prohibit sexual abuse of a probationer or problem solving court participant and sexual abuse by a conservator, guardian, guardian ad litem, or child welfare service provider; change provisions relating to protection orders, certain offenses, attorney's fees, and victim notification requirements; and provide requirements for immunity for probation employees, Brady-Giglio disclosures, confidentiality for certain officers, registration under the Sex Offender Registration Act, county conflict counsel, and determinations of the best interest of the child
Last action — Presented to Governor on April 10, 2026
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✓Introduced
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✓In Committee
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✓Passed Legislature
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✓To Executive
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5Enacted
This bill has been enacted into law. Introduced January 12, 2026. Enacted.
Signed by Governor Jim Pillen (Republican) on April 17, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
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Prognosis
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Mixed recorded votes
2 passed, 15 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
1755 added · 1943 removedPlain-language change summary
The amendments to Legislative Bill 965 include significant changes primarily related to issues of domestic and sexual abuse, as well as penalties for various offenses. Key additions involve stricter penalties for violations of protection orders, the prohibition of sexual abuse in various caregiving contexts, and the redefinition of assault offenses. These changes are important as they aim to enhance the protection of vulnerable individuals, particularly in domestic settings, and to ensure accountability for those in positions of trust or authority. Overall, these updates reflect a commitment to improving legal protections for victims and addressing serious criminal behaviors effectively.
ER180 ER180 LB965 LB965 LPB2026 -LEGISLATIVE 04/02/2026BILL LPB965 -Approved 04/02/2026by Ethe ANDGovernor RApril AMENDMENTS16, TO2026 LB 965 Introduced by Guereca,Bostar, 7,29; Chairman Enrollment and Review 1.
StrikeHallstrom, the1. original sections and all amendments thereto and insert the following new sections:
Section 1.A BILL FOR AN ACT relating to law;
to amend sections 28-322.02, 28-322.03, 28-323, 28-508, 28-610, 28-703, 29-3901, 29-3904, 29-3905, 29-3918, 43-273, 43-2923, 71-946, 71-947, 71-948, 83-4,143, and 84-941.01, Reissue Revised Statutes of Nebraska, sections 27-404, 28-115, 28-310.01, 28-322.01, 29-3903, 29-3922, and 43-272, Revised Statutes Cumulative Supplement, 2024, and sections 26-118, 27-413, 28-101, 28-318, 28-322, 28-470, 28-712.01, 28-1205, 28-1701, 29-4003, 29-4309, 29-4316, and 81-1850, Revised Statutes Supplement, 2025;
to change provisions relating to penalties for violations of domestic abuse and sexual abuse protection orders;
to prohibit sexual abuse of a probationer or problem solving court participant, sexual abuse by a conservator, guardian, or guardian ad litem, and sexual abuse by a child welfare service provider;
to define and redefine terms;
to change provisions relating to the elements and penalties for the offense of domestic assault and the penalties for the offense of assault by strangulation or suffocation;
to transfer and change provisions relating to sexual abuse of an inmate or parolee;
to provide immunity to probation employees for administration of opioid overdose reversal medication;
to change provisions relating to the offense of possession of burglar's tools;
to change provisions related to the offense of incest;
to change the penalty for impersonating a police officer;
to provide requirements relating to Brady-Giglio disclosures;
to prohibit retaliation;
to provide confidentiality for officers;
to provide duties for prosecuting agencies and public safety agencies;
to require registration under the Sex Offender Registration Act;
to require courts to appoint county conflict counsel when the public defender is unavailable as prescribed;
to change provisions relating to allowance of fees for counsel;
to require courts to consider certain evidence in determining the best interest of the child;
to change offenses included with certain victim notification requirements;
to harmonize provisions;
to provide operative dates;
to provide severability;
and to repeal the original sections.
Be it enacted by the people of the State of Nebraska, Section 1.
26-118 (1)26-118 (1) Any person, except the petitioner, who knowingly violates a protection order issued pursuant to the Protection Orders Act, after service or notice as described in subsection (4) of section 26-114, or a valid foreign protection order recognized pursuant to section 26-123 or 26-124, shall be guilty of an offense and punished as provided in this section.
27-404 (1)27-404 (1) Evidence of a person's character or a trait of his or her character is not admissible for the purpose of proving that he or she -1- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 acted in conformity therewith on a particular occasion, except:
-1- LB965 LB965 2026 (3) When such evidence is admissible pursuant to this section, in criminal cases evidence of other crimes, wrongs, or acts of the accused may be offered in evidence by the prosecution if the prosecution proves to the court by clear and convincing evidence that the accused committed the crime, wrong, or act.
27-413 For27-413 For purposes of sections 27-414 and 27-415, offense of sexual assault means:
-2- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (1) Sexual sexual assault under section 28-319 or 28-320;
28-115 (1)28-115 (1) Except as provided in subsection (2) of this section, any person who commits any of the following criminal offenses against a -3- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 pregnant woman shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the criminal offense:
(p) (n) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the first degree, section -4- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 28-929;
and (v) (t) Proximately causing serious bodily injury while operating a motor -2- LB965 LB965 2026 vehicle, section 60-6,198.
(a) Impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other -5- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 person;
-6- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (5) Sexual contact means the intentional touching of the victim's sexual or intimate parts or the intentional touching of the victim's clothing covering the immediate area of the victim's sexual or intimate parts.
(b) The victim need only resist, either verbally or physically, so as to make the victim's refusal to consent genuine and real and so as to -7- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 reasonably make known to the actor the victim's refusal to consent;
-3- LB965 LB965 2026 (1) Department means the Department of Correctional Services;
, (b) Any an individual employed by a city or county correctional or jail facility, including any individual working in central administration of the city or county correctional or jail facility, any individual working under contract with the city or county correctional or jail -8- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 facility, and any individual , other than an inmate's spouse, to whom the city or county correctional or jail facility has authorized or delegated control over an inmate or an inmate's activities;
Show all 216 changed lines (176 more)
-9-28-322.01 (1) ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 28-322.01 (1) A person commits the offense of sexual abuse of an inmate, a or parolee, a probationer, or a problem solving court participant if such person subjects an inmate, a or parolee, a probationer, or a problem solving court participant to sexual penetration or sexual contact as those terms are defined in section 28-318.
(1) A conservator, guardian, or guardian ad litem shall -10- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 not subject any individual whom he or she has been appointed to serve as a conservator, guardian, or guardian ad litem to sexual penetration or sexual contact.
-4- LB965 LB965 2026 (4) A conservator, guardian, or guardian ad litem who subjects an individual to sexual penetration in violation of this section is guilty of sexual abuse by a conservator, guardian, or guardian ad litem in the first degree.
(4) A child welfare service provider who subjects a minor to sexual -11- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 penetration in violation of this section is guilty of sexual abuse by a child welfare service provider in the first degree.
or (b) Class IIA felony if the person has previously been convicted two or more times for any violation of subsection (1), (2), or (3) of this -12- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 section or any substantially equivalent offense.
and persons who are or were involved in a -13- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 dating relationship;
For purposes of this subsection, dating relationship means frequent, -5- LB965 LB965 2026 intimate associations primarily characterized by the expectation of affectional or sexual involvement, but does not include a casual relationship or an ordinary association between persons in a business or social context.
or (b) A family member, friend, or other person in a position to assist a person who is apparently experiencing or who is likely to experience an opioid-relatedopioid- related overdose.
and (b) Administers such medication to a person who is apparently -14- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 experiencing an opioid-related overdose.
This subdivision shall not affect the -15- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 liability of such law enforcement agency for the peace officer's or employee's acts of commission or omission.
This subdivision shall not affect the liability of the office for such employee's acts of commission or omission.
-6- LB965 LB965 2026 (f) Law enforcement employee means an employee of a law enforcement agency, a contractor of a law enforcement agency, or an employee of such -16- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 contractor who regularly, as part of his or her duties, handles, processes, or is likely to come into contact with any evidence or property which may include or contain opioids;
and (b) Intends He intends to use the explosive, tool, instrument, key, lock, or article, or knows some person intends ultimately to use it, in the commission of an offense of the nature described in subdivision (1)(1)(a) (a) of this section.
28-610 (1) A person commits the offense of impersonating a peace officer if he or she falsely pretends to be a peace officer and performs -17- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 any act in that pretended capacity.
(ii) Assault in the first, second, or third degree or assault by -18- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 strangulation or suffocation as defined in section 28-308, 28-309, 28-310, or 28-310.01;
(iii) Sexual abuse, including acts prohibited by section 28-319, 28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05, 28-703, or 28-707 or sectionssection 12 andor 13 of this act;
-7- LB965 LB965 2026 (x) A history of termination of parental rights;
-19- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (xiv) A child has had contact with methamphetamine or other nonprescribed opioids, including a positive drug screening or test;
If the team cannot come to consensus, the report -20- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 shall be assigned for a traditional response.
Other than the office of Inspector General of Nebraska Child Welfare, the Public Counsel, law enforcement agency personnel, child advocacy center -21- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 employees, and county attorneys, no other agency or individual shall be provided specific, identifying reports of child abuse or neglect being given alternative response.
28-1205 (1)(a)28-1205 (1)(a) Any person who uses a firearm, a knife, brass or iron knuckles, or any other deadly weapon to commit any felony which may be prosecuted in a court of this state commits the offense of use of a deadly weapon to commit a felony.
(b) Use of a deadly weapon, other than a firearm, to commit a felony is a -8- LB965 LB965 2026 Class II felony.
(3)(a) Any person who carries a firearm or a destructive device during the commission of a dangerous misdemeanor commits the offense of carrying a firearm or destructive device during the commission of a -22- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 dangerous misdemeanor.
or -23- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (xi) (xii) Any attempt under section 28-201 to commit an offense described in subdivisions (6)(a)(i) through (x) (xi) of this section;
-24- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (a) Evidence supporting the arrest or prosecution of the person for the offense was obtained or discovered as a result of the investigation or prosecution of a sexual assault;
-9- LB965 LB965 2026 (iii) A violation of a city or village ordinance similar to subdivision (3)(a)(i) or (ii) of this section;
(i) A violation of section 28-316.01, 28-319, 28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05, 28-703, or 28-1805 or sectionssection 12 andor 13 of this act, sex trafficking or sex trafficking of a minor under section 28-831, or subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707;
For purposes of sections 22 to 2729 of this act:
83 -25- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (1963), and Giglio v.
or (b) Disclosed to any person that the officer is named in a Brady-Brady-Giglio Giglio disclosure.
(2) This section does not prohibit a dismissal, a suspension, a demotion, or any other disciplinary action against an officer, or against -26- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 a certificate issued under sections 81-1401 to 81-1414.19, based on the underlying action that resulted in such officer being named in a Brady-Brady-Giglio Giglio disclosure or being considered for such disclosure.
(1)(a) This section applies to any county with a population of over one hundred thousand inhabitants as determined by the most recent federal decennial census or themore mostinhabitants. recent revised certified count by the United States Bureau of the Census.
(ii) For any other county,county with a population of one hundred thousand or more inhabitants, the advisory committee shall be comprised of four prosecutors appointed by the county attorney, with two of such prosecutors being from jurisdictions within the county and two prosecutors from jurisdictions in any other Nebraska county or counties.
-27- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (a) The prosecuting agency shall provide an officer with written notice, including the proposed rationale, before determining whether such officer is subject to a prospective Brady-Giglio disclosure.
-10- LB965 LB965 2026 (ii) The prosecuting agency shall provide the advisory committee with materials that support or corroborate naming the officer in such prospective disclosure and any exculpatory materials provided by the officer.
(iv) The advisory committee shall make a recommendation to the prosecuting agency as to whether a prospective disclosure is required under Brady-Giglio case law and shall provide written notice of such recommendation to the officer and the prosecuting agency.agency;
(v)and If(d) theThe advisoryprosecuting committeeagency recommendsshall thatconsider, disclosurebut is required,not thebound officerby, may request a review of the recommendation by a three-judge panel appointed by the Supreme Court, comprised of three district judges from the judicialadvisory districtcommittee. in which the officer is employed.
The request for review shall be submitted to the Supreme Court within thirty days after the officer receives the written notice under subdivision (4)(c)(iv) of this section.
The request shall be submitted in a form and manner prescribed by the State Court Administrator;
and (d) The prosecuting agency shall consider, but is not bound by, the -28- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 recommendation of any advisory committee or three-judge panel.
(1) AThis publicsection safetyapplies agencyto shallany notcounty publiclywith releasea anpopulation officer's official photograph without the written permission of thefewer officerthan orone hishundred orthousand herinhabitants. personal representative or without a request pursuant to section 84-712.
(2) AnA officer'sprosecuting personalagency information,shall including,provide butan notofficer limitedwith to,written thenotice, officer'sincluding homethe address,proposed personalrationale, telephonewhen number,determining personalwhether emailthe address,officer dateis ofsubject birth,to sociala securityprospective number,Brady-Giglio anddisclosure operator's license number shall be confidential and shall bealso redactedprovide fromwritten anynotice recordof prior to the record'sprosecuting releaseagency's tofinal thedecision publicon bysuch thedisclosure. employing public safety agency.
(3) Nothing in this section prohibits the release of an officer's photograph or unredacted personal information to the officer's legal counsel, union representative, or designated employee representative upon the request of the officer or his or her personal representative or legal counsel.
(1)(a) An officer shallaggrieved notby bea discharged,prosecuting disciplined,agency's orfinal threateneddecision with discharge or discipline, or subject to revocationname orthe suspensionofficer ofin a certificateBrady-Giglio underdisclosure sectionsmay 81-1401file toa 81-1414.19,petition in -29- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 retaliation for exercising the rightsdistrict ofcourt theseeking officerreview enumerated in sections 22 to 27 of thissuch act.decision.
Sec.(b) For an officer in a county with one hundred thousand or more inhabitants:
(i) Prior to filing the petition, the officer shall complete the informal advisory committee process under section 24 of this act;
and (ii) The petition shall be filed within ten days after receiving written notice of the prosecuting agency's final decision under subdivision (4)(d) of section 24 of this act.
(c) For an officer in a county with fewer than one hundred thousand inhabitants, the petition shall be filed within ten days after receiving written notice of the prosecuting agency's final decision under section 25 of this act.
(2) Within ten days after filing the petition, the officer shall provide a complete record to the court, including, but not limited to, a bill of exceptions, transcripts, orders, findings, statements, investigations, any records pertaining to such officer that have been sealed pursuant to section 29-3523, and any other material that led to the prosecuting agency's decision to name the officer in a Brady-Giglio disclosure.
Nothing in this section shall give the officer the right to obtain records from a prosecuting agency.
(3) Within ten days after the record being filed, notice of the action shall be provided to any prosecuting agency named in the petition.
Any named prosecuting agency may review the record provided to the court and provide an answer to the petition within ten days after being served with the petition.
(4) The prosecuting agency shall provide the court with all materials that led to the decision to name the officer in a Brady-Giglio disclosure, including, if applicable, copies of all materials provided to the advisory committee under section 24 of this act.
The prosecuting agency may request the court to direct the officer to provide supplemental records.
Upon receipt of the request, the court may direct the officer to supplement the record as requested.
If a prosecuting agency requests a supplemental record, the agency shall have ten days from the filing of the supplemental record to file an answer to the petition.
If an officer fails to supplement the record as ordered by the court, the court shall dismiss the petition.
(5) Any petition, answer, or record submitted as part of the review shall be sealed from public view and shall not be a public record.
(6) Within sixty days after the prosecuting agency files an answer, the court shall, without written or oral arguments, conduct an in camera review of the records filed in the case.
If the court determines additional evidence or testimony is necessary, the court shall conduct further hearings as necessary, including questioning witnesses in camera or directing the parties to further supplement the record.
(7) The court may modify or disagree with a prosecuting agency's decision to the extent that the court finds, by clear and convincing evidence, that the information or actions of the officer that served as the rationale for the Brady-Giglio disclosure would not be exculpatory evidence in the prosecution of any criminal offense.
(8) If the court determines that the officer has failed to meet his or her burden of proof, the court shall dismiss the petition.
(9) This section applies even if an officer was named in a related or similar Brady-Giglio disclosure prior to the operative date of this section, unless such officer has already received notice and an opportunity to be heard before the district court within the last five years.
-11- LB965 LB965 2026 Sec.
The(1) rightsAn enumeratedofficer's inpersonal sectionsinformation, 22including, tobut 27not limited to, the officer's home address, personal telephone number, personal email address, date of thisbirth, actsocial aresecurity innumber, additionand tooperator's license number shall be confidential and shall be redacted from any otherrecord rightsprior grantedto pursuantthe record's release to athe collective-public bargainingby agreementthe oremploying otherpublic law.safety agency.
(2) Nothing in this section prohibits the release of an officer's unredacted personal information to the officer's legal counsel, union representative, or designated employee representative upon the request of the officer or his or her personal representative or legal counsel.
(3) Nothing in this section shall prohibit the release of an officer's or a public safety agency's reports pursuant to subdivision (1)(g) of section 29-1912, pursuant to an order of discovery, or pursuant to any other order of a court.
An officer shall not be discharged, disciplined, or threatened with discharge or discipline, or subject to revocation or suspension of a certificate under sections 81-1401 to 81-1414.19, in retaliation for exercising the rights of the officer enumerated in sections 22 to 29 of this act.
Sec.
29.
The rights enumerated in sections 22 to 29 of this act are in addition to any other rights granted pursuant to a collective-bargaining agreement or other law.
Sec.
30.
29-400329-4003 (1)(a) (1)(a) The Sex Offender Registration Act applies to any person who on or after January 1, 1997:
-30- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (M) Child enticement by means of an electronic communication device pursuant to section 28-320.02;
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;
-31- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (IV) Assault in the first degree pursuant to section 28-308;
-12- LB965 LB965 2026 (XI) Sexual abuse of an inmate, a or parolee, a probationer, or a problem solving court participant in the first degree pursuant to section 28-322.02;
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.
-32- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (ii) Has ever pled guilty to, pled nolo contendere to, or been found guilty of any offense that is substantially equivalent to a registrable offense under subdivision (1)(b)(i) of this section by any village, town, city, state, territory, commonwealth, or other jurisdiction of the United States, by the United States Government, by court-martial or other military tribunal, or by a foreign jurisdiction, notwithstanding a procedure comparable in effect to that described under section 29-2264 or any other procedure to nullify a conviction other than by pardon;
(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 registration responsibilities or notation in the sentencing order that -33- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 the human trafficking was sex trafficking or sex trafficking of a minor and not solely labor trafficking or labor trafficking of a minor;
(e) In addition to the registrable offenses under subdivisions (1)(1)(a), (a), (b), (c), and (d) of this section, the Sex Offender Registration Act applies to any person who on or after the operative date of this section:
29.31.
(1) For purposes of this section, county conflict counsel -34- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 means an attorney licensed to practice law in this state who is employed by the county or has a contract with the county to provide legal representation to -13- LB965 LB965 2026 clients who would normally be represented by the public defender, but for whom the public defender is unable to provide such representation due to conflicting interests or due to other good cause as determined by the court.
(2)(2)(a) In any county with a public defender,defender theand countya maypopulation employof one hundred thousand or contractmore forinhabitants, the county may employ one or more county conflict counsel.
When(b) aIn any county firstwith employsa orpublic contractsdefender forand countya conflictpopulation counsel,of theless countythan boardone shallhundred immediatelythousand provideinhabitants, writtenthe noticecounty ofmay suchemploy employment or contract to:for one or more county conflict counsel.
(3) When a county first employs or contracts for county conflict counsel, the county board shall immediately provide written notice of such employment or contract to:
(3)(4) It shall be the duty of county conflict counsel to provide representation to indigent individuals in the same manner as the public defender.
(4)(5) In a county with a population of more than one hundred seventy thousand inhabitants, any county conflict counsel shall devote his or her full time to the legal work of representing indigent individuals as provided in this section and shall not engage in the private practice of law.
(5)(6) No county conflict counsel shall solicit or accept any fee, other than compensation from the county, for representing an indigent individual that such counsel has been appointed to represent.
30.32.
-35- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (1) County conflict counsel has the same meaning as in section 2931 of this act;
31.33.
29-3903 (1)29-3903 (1) At a felony defendant's first appearance before a judge, the judge shall advise him or her of the right to court-appointed counsel if such person is indigent.
Appointed , but appointed counsel other than the public -36- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 defender or county conflict counsel must obtain leave of court before being authorized to proceed beyond an initial direct appeal to either the Court of Appeals or the Supreme Court of Nebraska to any further direct, collateral, or postconviction appeals to state or federal courts.
32.34.
(a) Appointing appointing counsel other than the public defender, the Commission on Public Advocacy, county conflict counsel, or other substitute counsel when the public defender, the commission, county conflict counsel, or counsel initially appointed might otherwise be required to represent -14- LB965 LB965 2026 conflicting interests or for other good cause shown;
, or (c) Appointing from appointing the public defender, the Commission on Public Advocacy, county conflict counsel, or other counsel as may be -37- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 required or permitted by other applicable law.
33.35.
34.36.
29-3918 Nothing29-3918 Nothing in sections 29-3910 to 29-3918 shall prevent a court from appointing counsel other than the public defender, the Commission on Public Advocacy, or county conflict counsel as defined in section 2931 of -38- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 this act to represent indigent defendants or other persons by law entitled to legal representation, but appointments of counsel other than the public defender, the commission, or county conflict counsel shall be limited to situations in which there are multiple defendants requiring separate representation or when other exigent circumstances are present which in the opinion of the court require appointment of counsel other than the public defender, the commission, or county conflict counsel.
35.37.
(7) Indigent defense system means a system of providing services, including any services necessary for litigating a case, by a contracting -39- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 attorney, court-appointed attorney, or public defender;
36.38.
-15- LB965 LB965 2026 (ii) A representative from a victim and witness assistance center as established in sections 81-1845 to 81-1847 or a similar entity affiliated with a law enforcement agency or prosecutor's office;
(3) Sexual assault means a violation of section 28-319, 28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05, 28-703, or 28-1805 or sectionssection 12 andor 13 of this act, sex -40- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 trafficking or sex trafficking of a minor under section 28-831, or subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707;
37.39.
and (c) Sexual assault means a violation of section 28-319, 28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05, 28-703, or 28-1805 or sectionssection 12 andor 13 of this act or subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707.
-41- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (2) Except as provided in subsection (3) of this section, and unless otherwise required by statute, a criminal justice agency and any attorney involved in the investigation or prosecution of an alleged sexual assault or sex trafficking violation shall maintain the confidentiality of the identity and personal identifying information of the alleged victim.
or -42- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (i) To communication with advocates and health care providers as defined in section 29-4309.
38.40.
(b) In counties having a population of one hundred fifty thousand or more -16- LB965 LB965 2026 inhabitants, when any juvenile court petition is filed alleging jurisdiction of a juvenile pursuant to subdivision (1), (2), (3)(b), or (4) of section 43-247, counsel shall be appointed for such juvenile.
If the parent willfully refuses to pay any -43- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 such sum, the court may commit him or her for contempt, and execution may issue at the request of the appointed attorney or the county attorney or by the court without a request.
(d)(i) For purposes of this subdivision, county conflict counsel has the same meaning as in section 2931 of this act.
-44- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 Whether such appointed counsel shall be provided at the cost of the county shall be determined as provided in subsection (1) of this section.
39.41.
(2) This section does not apply to the public defender or to county conflict counsel as defined in section 2931 of this act.
40.42.
(1) A parenting arrangement and parenting plan or other court-court-ordered ordered arrangement which provides for a child's safety, emotional growth, health, stability, and physical care and regular and continuous school attendance and progress for school-age children;
-45- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (3) That the child's families and those serving in parenting roles remain appropriately active and involved in parenting with safe, appropriate, continuing quality contact between children and their families when they have shown the ability to act in the best interests of the child and have shared in the responsibilities of raising the child;
(4) That even when parents have voluntarily negotiated or mutually mediated and agreed upon a parenting plan, the court shall determine whether it is in the best interests of the child for parents to maintain continued -17- LB965 LB965 2026 communications with each other and to make joint decisions in performing parenting functions as are necessary for the care and healthy development of the child.
(a) The relationship of the minor child to each parent prior to the -46- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 commencement of the action or any subsequent hearing;
41.43.
All -47- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 appointments of counsel under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act may be made at any time or place in the state.
(4)(a) For purposes of this section, county conflict counsel has the same meaning as in section 2931 of this act.
42.44.
The county board of the county in which the application was filed shall allow the account, bill, or claim presented by the attorney for services performed under the Nebraska Mental Health Commitment Act or the Sex Offender -48- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 Commitment Act in the amount determined by the court.
43.45.
Section 71-948, Reissue Revised Statutes of Nebraska, is amended -18- LB965 LB965 2026 to read:
Any person so employed by a subject determined by the board to be indigent, except a subject represented by the public defender or county conflict counsel as defined in section 2931 of this act, shall apply to the board for expenses reasonably necessary to such person's effective assistance of the subject and for reasonable fees for services performed by such person in assisting the subject.
44.46.
-49- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (ix) Stalking, section 28-311.03;
-50- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (2)(a) Except as provided in subdivision (2)(b) of this section, when a person is convicted of a felony, the county attorney shall forward the name and address of any victim of such convicted person to the Board of Parole, the Department of Correctional Services, the county corrections agency, the Department of Health and Human Services, and the Board of Pardons, as applicable.
(a) Within ninety days after conviction of an offender, of the tentative -19- LB965 LB965 2026 date of release and the earliest parole eligibility date of -51- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 such offender;
The victim may request one notice of the calculation -52- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 described in this subdivision.
(ii) Is discharged or has a change in disposition from inpatient board-orderedboard- ordered treatment;
-53- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (7) A victim whose name appears in the file of a person convicted of a covered offense shall be notified, via certified mail, by the Board of Pardons:
45.47.
-20- LB965 LB965 2026 (2) When the Board of Parole is of the opinion that a felony offender currently incarcerated in a Department of Correctional Services adult correctional facility may benefit from a brief and intensive period of regimented, structured, and disciplined programming immediately prior to release on parole, the board may direct placement of such an offender -54- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 in an incarceration work camp for a period not to exceed one hundred eighty days as a condition of release on parole.
46.48.
84-941.0184-941.01 Potentially Potentially disqualifying conviction includes a conviction for:
-55- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 (10) A sexual act subject to criminal penalties as provided in sections 28-317 to 28-322.05 and sections 12 and 13 of this act;
(26) An offense that has as an element the threat to inflict serious bodily injury as defined in section 28-109 or death on another person, -56- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 the intentional infliction of serious bodily injury as defined in section 28-109 on another person, or intentionally causing the death of another person;
47.49.
Sections 17, 20, 22, 23, 24, 25, 26, 27, 28, 29, and 4951 of this act become operative on October 1, 2026.
48.50.
49.51.
50.52.
2.-21-
On page 1, strike beginning with "crimes" in line 1 through line 17 and insert "crimes and offenses;
to amend sections 28-322.02, 28-322.03, 28-323, 28-508, 28-610, 28-703, 29-3901, 29-3904, 29-3905, 29-3918, 43-273, 43-2923, 71-946, 71-947, 71-948, 83-4,143, and 84-941.01, Reissue Revised Statutes of Nebraska, sections 27-404, 28-115, 28-310.01, 28-322.01, 29-3903, 29-3922, and 43-272, Revised Statutes Cumulative Supplement, 2024, and sections 26-118, 27-413, 28-101, 28-318, -57- ER180 ER180 LB965 LB965 LPB - 04/02/2026 LPB - 04/02/2026 28-322, 28-470, 28-712.01, 28-1205, 28-1701, 29-4003, 29-4309, 29-4316, and 81-1850, Revised Statutes Supplement, 2025;
to change provisions relating to penalties for violations of domestic abuse and sexual abuse protection orders;
to prohibit sexual abuse of a probationer or problem solving court participant, sexual abuse by a conservator, guardian, or guardian ad litem, and sexual abuse by a child welfare service provider;
to define and redefine terms;
to change provisions relating to the elements and penalties for the offense of domestic assault and the penalties for the offense of assault by strangulation or suffocation;
to transfer and change provisions relating to sexual abuse of an inmate or parolee;
to provide immunity to probation employees for administration of opioid overdose reversal medication;
to change provisions relating to the offense of possession of burglar's tools;
to change provisions related to the offense of incest;
to change the penalty for impersonating a police officer;
to provide requirements relating to Brady-Giglio lists;
to prohibit retaliation;
to provide confidentiality for officers;
to provide duties for prosecuting agencies and public safety agencies;
to require registration under the Sex Offender Registration Act;
to require courts to appoint county conflict counsel when the public defender is unavailable as prescribed;
to change provisions relating to allowance of fees for counsel;
to require courts to consider certain evidence in determining the best interest of the child;
to change offenses included with certain victim notification requirements;
to harmonize provisions;
to provide operative dates;
to provide severability;
and to repeal the original sections.".
-58-
Show all 216 changed rows (176 more)
View plain text versions (17)
- Chaptered Slip Law Current pdf
- Enrolled Enrollment and Review ER180 pdf
- Final Reading View text pdf
- Judiciary AM3009 Dungan AM3007 DeBoer FA1116 DeBoer FA1117 DeBoer FA1119 View text pdf
- Judiciary AM3010 View text pdf
- Judiciary AM3016 View text pdf
- Judiciary AM3015 View text pdf
- Judiciary AM3012 Dungan AM3002 DeBoer FA1115 View text pdf
- Judiciary AM3013 DeBoer FA1118 View text pdf
- Judiciary AM3014 Cavanaugh, J. AM3039 Bosn AM3004 Bosn AM2950 View text pdf
- Cavanaugh, J. AM3039 View text pdf
- Bosn AM3139 Bosn FA1193 View text pdf
- Bosn FA1193 View text pdf
- Dungan AM3038 View text pdf
- Dungan AM3140 View text pdf
- Dungan AM3125 View text pdf
- Introduced View text pdf
Action History
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Presented to Governor on April 10, 2026
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Approved by Governor on April 16, 2026
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Provisions/portions of LB785 amended into LB965 by AM3016
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Provisions/portions of LB818 amended into LB965 by AM3013
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Provisions/portions of LB859 amended into LB965 by AM3015
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Provisions/portions of LB908 amended into LB965 by AM3010
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Provisions/portions of LB965 amended into LB965 by AM3009
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Provisions/portions of LB1000 amended into LB965 by AM3012
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Provisions/portions of LB1123 amended into LB965 by AM3014
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Dispensing of reading at large approved
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Passed on Final Reading 39-10-0
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President/Speaker signed
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Enrollment and Review ER180 adopted
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Conrad MO474 withdrawn
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Conrad MO475 withdrawn
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Bosn AM3139 filed
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No objections to unanimous consent request to withdraw and substitute amendment
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Kauth FA621 withdrawn
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Bosn FA1193 to AM3139 filed
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Bosn FA1193 adopted
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Bosn AM3139 adopted
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Conrad MO476 withdrawn
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Conrad FA1175 withdrawn
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Dungan AM3038 filed
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Dungan AM3038 adopted
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Dungan AM3140 filed
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Dungan AM3140 adopted
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Dungan AM3125 filed
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Dungan AM3125 adopted
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Conrad MO477 withdrawn
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Advanced to Enrollment and Review for Engrossment
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Placed on Final Reading with ST100
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Enrollment and Review ST100 filed
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Enrollment and Review ST100 recorded
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Placed on Select File with ER180
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Enrollment and Review ER180 filed
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Conrad FA1175 filed
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Conrad MO470 withdrawn
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Judiciary AM2846 divided
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Judiciary AM3009 filed
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Judiciary AM3010 filed
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Judiciary AM3016 filed
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Judiciary AM3015 filed
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Judiciary AM3012 filed
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Judiciary AM3013 filed
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Judiciary AM3014 filed
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DeBoer FA1117 withdrawn
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DeBoer FA1119 withdrawn
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DeBoer FA1116 withdrawn
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Dungan AM3007 to AM3009 filed
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Dungan AM3007 lost
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Judiciary AM3009 adopted
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Judiciary AM3010 adopted
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Judiciary AM3016 adopted
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Judiciary AM3015 adopted
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DeBoer FA1115 withdrawn
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Dungan AM3002 to AM2846 filed
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Dungan AM3002 lost
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Judiciary AM3012 adopted
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Judiciary AM3013 pending
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DeBoer FA1118 withdrawn
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Judiciary AM3013 adopted
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Bosn AM2950 withdrawn
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Bosn AM3004 to AM2846 filed
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Bosn AM3004 pending
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Judiciary AM3014 pending
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Bosn AM3004 withdrawn
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Cavanaugh, J. AM3039 to AM3014 filed
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Cavanaugh, J. AM3039 adopted
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Conrad MO472 withdrawn
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Conrad MO473 withdrawn
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Judiciary AM3014 adopted
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Advanced to Enrollment and Review Initial
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Bosn AM2950 to AM2846 filed
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Placed on General File with AM2846
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Judiciary AM2846 filed
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DeBoer FA1115 to AM2846 filed
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DeBoer FA1116 to AM2846 filed
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DeBoer FA1117 to AM2846 filed
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DeBoer FA1118 to AM2846 filed
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DeBoer FA1119 to AM2846 filed
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Hallstrom name added
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Conrad MO470 Indefinitely postpone pursuant to Rule 6, Sec. 3(f) filed
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Conrad MO472 Bracket until April 17, 2026 filed
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Conrad MO473 Recommit to the Judiciary Committee filed
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Conrad MO474 Bracket until April 17, 2026 filed
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Conrad MO475 Recommit to the Judiciary Committee filed
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Conrad MO476 Indefinitely postpone filed
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Conrad MO477 Recommit to the Judiciary Committee filed
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Judiciary priority bill
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Notice of hearing for January 28, 2026
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Notice of hearing for January 23, 2026 (cancel)
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Notice of hearing for January 23, 2026
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Referred to Judiciary Committee
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Kauth FA621 filed
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Date of introduction
Sponsors
- Eliot Bostar · Primary
- Bob Hallstrom · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 47 not signed on · 40 voted No
Sponsors (1)
- Eliot Bostar Voted No
Co-sponsors (1)
- Bob Hallstrom Voted No
Not signed on (47)
47 members have not signed on to this bill.
Show all 47 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 10 | 0 | 0 |
| Total | 39 | 10 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| Ashlei Spivey | — | Nay |
| Barry DeKay | — | Yea |
| Beau Ballard | — | Yea |
| Bob Andersen | — | Yea |
| Bob Hallstrom | — | Yea |
| Brian Hardin | — | Yea |
| Carolyn Bosn | — | Yea |
| Cavanaugh, J. | — | Yea |
| Cavanaugh, M. | — | Nay |
| Christy Armendariz | — | Yea |
| Dan Lonowski | — | Yea |
| Dan Quick | — | Yea |
| Danielle Conrad | — | Nay |
| Dave Murman | — | Yea |
| Dave Wordekemper | — | Yea |
| Dunixi Guereca | — | Nay |
| Eliot Bostar | — | Yea |
| George Dungan | — | Nay |
| Hansen, B. | — | Yea |
| Jana Hughes | — | Yea |
| Jane Raybould | — | Yea |
| Jared Storm | — | Yea |
| Jason Prokop | — | Yea |
| John Arch | — | Yea |
| John Fredrickson | — | Nay |
| Kathleen Kauth | — | Yea |
| Loren Lippincott | — | Yea |
| Margo Juarez | — | Nay |
| Megan Hunt | — | Nay |
| Merv Riepe | — | Yea |
| Meyer, F. | — | Yea |
| Meyer, G. | — | Yea |
| Mike Jacobson | — | Yea |
| Mike Moser | — | Yea |
| Myron Dorn | — | Yea |
| Paul Strommen | — | Yea |
| Rick Holdcroft | — | Yea |
| Rita Sanders | — | Yea |
| Robert Clements | — | Yea |
| Robert Dover | — | Yea |
| Stan Clouse | — | Yea |
| Tanya Storer | — | Yea |
| Teresa Ibach | — | Yea |
| Terrell McKinney | — | Nay |
| Tom Brandt | — | Yea |
| Tony Sorrentino | — | Yea |
| Victor Rountree | — | Nay |
| Wendy DeBoer | — | Yea |
| von Gillern | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 12 |
| Total | 37 | 0 | 0 | 12 |
| % of votes cast | 76% | 0% | 0% | 24% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 42 | 0 | 0 | 7 |
| Total | 42 | 0 | 0 | 7 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 0 | 0 | 6 |
| Total | 43 | 0 | 0 | 6 |
| % of votes cast | 88% | 0% | 0% | 12% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 10 |
| Total | 39 | 0 | 0 | 10 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 42 | 0 | 0 | 7 |
| Total | 42 | 0 | 0 | 7 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 29 | 2 | 0 | 18 |
| Total | 29 | 2 | 0 | 18 |
| % of votes cast | 59% | 4% | 0% | 37% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 0 | 0 | 16 |
| Total | 33 | 0 | 0 | 16 |
| % of votes cast | 67% | 0% | 0% | 33% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 36 | 5 | 0 | 8 |
| Total | 36 | 5 | 0 | 8 |
| % of votes cast | 73% | 10% | 0% | 16% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 0 | 0 | 19 |
| Total | 30 | 0 | 0 | 19 |
| % of votes cast | 61% | 0% | 0% | 39% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 22 | 0 | 16 |
| Total | 11 | 22 | 0 | 16 |
| % of votes cast | 22% | 45% | 0% | 33% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 28 | 1 | 0 | 20 |
| Total | 28 | 1 | 0 | 20 |
| % of votes cast | 57% | 2% | 0% | 41% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 36 | 1 | 0 | 12 |
| Total | 36 | 1 | 0 | 12 |
| % of votes cast | 73% | 2% | 0% | 24% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 0 | 0 | 18 |
| Total | 31 | 0 | 0 | 18 |
| % of votes cast | 63% | 0% | 0% | 37% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 44 | 0 | 0 | 5 |
| Total | 44 | 0 | 0 | 5 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 26 | 0 | 11 |
| Total | 12 | 26 | 0 | 11 |
| % of votes cast | 24% | 53% | 0% | 22% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 5 | 0 | 10 |
| Total | 34 | 5 | 0 | 10 |
| % of votes cast | 69% | 10% | 0% | 20% |
How each member voted (49)
Subjects
Frequently asked questions
- Who sponsors LB 965?
- LB 965 is sponsored by Eliot Bostar and Bob Hallstrom.
- What is the current status of LB 965?
- This bill has been enacted into law. Introduced January 12, 2026. Enacted.
- Where can I track LB 965?
- Track LB 965 free on One Click Politics — get push/email alerts when it moves.
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