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NE LB103

NE LB103
Change provisions relating to admissibility of evidence of past sexual assaults and the procedure for taking depositions of certain witnesses


summary

Introduced
01/10/2025
In Committee
01/14/2025
Crossed Over
01/29/2026
Passed
02/20/2026
Dead

Introduced Session

109th Legislature

Bill Summary

A BILL FOR AN ACT relating to evidence; to amend sections 27-412 and 29-1917, Revised Statutes Cumulative Supplement, 2024; to change provisions relating to admissibility of evidence of past sexual assaults and the procedure for taking depositions of certain witnesses; and to repeal the original sections.

AI Summary

This bill amends existing Nebraska law to change how evidence of past sexual assaults can be used in court and to modify the procedures for taking depositions of certain witnesses. Specifically, it revises rules regarding the admissibility of evidence of a victim's past sexual behavior or assaults, outlining when such evidence might be allowed in criminal and civil cases, particularly if it's relevant to proving the source of physical evidence, establishing consent in specific circumstances, or protecting an accused person's constitutional rights, while also requiring advance notice and court hearings before such evidence can be presented. The bill also updates the process for taking depositions, which are sworn out-of-court testimonies used in legal proceedings, in felony cases, allowing for questioning about prior sexual assault allegations or evidence admissible under the revised rules, with provisions for objections, sealed court hearings to determine relevance, and the right for sexual assault victims to have an advocate present during their deposition without interfering with the proceedings.

Committee Categories

Justice

Sponsors (1)

Last Action

Presented to Governor on February 20, 2026 (on 02/20/2026)

bill text


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