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--- version:Introduced+++ version:(document, no version)@@ -1,1199 +1,10 @@-LEGISLATURE OF NEBRASKA-ONE HUNDRED NINTH LEGISLATURE-FIRST SESSION-LEGISLATIVE BILL 80+Floor Amendment To LB80-Introduced by Hallstrom, 1; Bosn, 25; DeKay, 40.-Read first time January 09, 2025-Committee: Judiciary-A BILL FOR AN ACT relating to protection orders; to amend sections1-28-311.02, 28-311.05, 42-901, 42-905, 42-924.01, 42-924.03, 42-927,2-42-928, 42-929, 42-931, 43-2,107, and 60-3209, Reissue Revised3-Statutes of Nebraska, and sections 25-2740, 28-311.04, 28-311.12,4-28-358.01, 28-1205, 28-1206, 29-404.02, 29-422, 29-2292, 42-903,5-42-924, 42-924.02, 42-925, 42-926, 43-1609, and 43-1611, Revised6-Statutes Cumulative Supplement, 2024; to adopt the Protection Orders7-Act; to extend the initial period of protection orders; to define8-terms; to provide penalties; to provide for powers and duties9-relating to such orders; to change a penalty for violation of a10-harassment protection order; to transfer provisions; to harmonize11-provisions; to repeal the original sections; and to outright repeal12-section 28-311.10, Reissue Revised Statutes of Nebraska, and13-sections 28-311.09 and 28-311.11, Revised Statutes Cumulative14-Supplement, 2024. 15-Be it enacted by the people of the State of Nebraska,16+Introduced by Storer, 43.++ Strike the enacting clause.+FA44LB80-2025+FA44LB80-2025-1--Section 1. Sections 1 to 25 of this act shall be known and may be1-cited as the Protection Orders Act. 2-Sec. 2. For purposes of the Protection Orders Act:3-(1) Abuse has the same meaning as in section 42-903;4-(2) Course of conduct has the same meaning as in section 28-311.02;5-(3) Family or household members has the same meaning as in section6-42-903; 7-(4) Harass has the same meaning as in section 28-311.02;8-(5) Household pet means any animal maintained for companionship or9-pleasure but does not include any animal kept primarily for commercial10-purposes or for consumption or any livestock animal as defined in section11-54-902; 12-(6) Law enforcement agency means the police department or town13-marshal in incorporated municipalities, the office of the sheriff in14-unincorporated areas, and the Nebraska State Patrol; and15-(7) Sexual assault offense means: 16-(a) Conduct amounting to sexual assault under section 28-319 or17-28-320, sexual abuse by a school employee under section 28-316.01, sexual18-assault of a child under section 28-319.01 or 28-320.01, a violation of19-section 28-311.08, or an attempt to commit any of such offenses; or20-(b) Subjecting or attempting to subject another person to sexual21-contact or sexual penetration without such person's consent, as such22-terms are defined in section 28-318. 23-Sec. 3. Section 42-924, Revised Statutes Cumulative Supplement,24-2024, is amended to read: 25-42-924 (1) (1)(a) Any victim of domestic abuse may file a petition26-and affidavit for a domestic abuse protection order as provided in this27-section. The petition shall state the events and dates or approximate28-dates of acts constituting the alleged domestic abuse, including the most29-recent and most severe incident or incidents. 30-(2) Upon the filing of such a petition and affidavit in support31-LB80-2025-LB80-2025--2--thereof, the court may issue a domestic abuse protection order , without1-bond, granting the following relief: 2-(a) (i) Enjoining the respondent from imposing any restraint upon3-the petitioner or upon the liberty of the petitioner;4-(b) (ii) Enjoining the respondent from threatening, assaulting,5-molesting, attacking, or otherwise disturbing the peace of the6-petitioner; 7-(c) (iii) Enjoining the respondent from telephoning, contacting, or8-otherwise communicating with the petitioner; 9-(d) (iv) Removing and excluding the respondent from the residence of10-the petitioner, regardless of the ownership of the residence;11-(e) (v) Ordering the respondent to stay away from any place12-specified by the court; 13-(f) (vi) Awarding the petitioner temporary custody of any minor14-children for a period not to exceed ninety days . If the order grants such15-temporary custody, the order shall specify the number of days of custody16-granted unless otherwise modified by the court; 17-(g) (vii) Enjoining the respondent from possessing or purchasing a18-firearm as defined in section 28-1201; 19-(h) (viii) Directing that the petitioner have sole possession of any20-household pet owned, possessed, leased, kept, or held by the petitioner,21-the respondent, or any family or household member residing in the22-household of the petitioner or respondent; 23-(i) (ix) Enjoining the respondent from coming into contact with,24-harming, or killing any household pet owned, possessed, leased, kept, or25-held by the petitioner, the respondent, or any family or household member26-of the petitioner or respondent; or 27-(j) (x) Ordering such other relief deemed necessary to provide for28-the safety and welfare of the petitioner and any designated family or29-household member. 30-(3) (b) If sole possession of a household pet is ordered by a court31-LB80-2025-LB80-2025--3--pursuant to subdivision (2)(h) (1)(a)(viii) of this section, such1-possession shall be for the duration of the domestic abuse protection2-order or until further order of the court. The grant of sole possession3-of a household pet under such subdivision is not intended to permanently4-determine ownership of such household pet. The petitioner shall not5-permanently transfer, sell, or dispose of a household pet placed in the6-petitioner's possession without prior court approval, except that court7-approval shall not be required in cases where humane euthanasia of a8-seriously ill or injured household pet is recommended by a licensed9-veterinarian. 10-(c) The petition for a protection order shall state the events and11-dates or approximate dates of acts constituting the alleged domestic12-abuse, including the most recent and most severe incident or incidents.13-(d) The protection order shall specify to whom relief under this14-section was granted. 15-(2) Petitions for protection orders shall be filed with the clerk of16-the district court, and the proceeding may be heard by the county court17-or the district court as provided in section 25-2740. A petition for a18-protection order may not be withdrawn except upon order of the court.19-(3)(a) A protection order shall specify that it is effective for a20-period of one year and, if the order grants temporary custody, the number21-of days of custody granted to the petitioner unless otherwise modified by22-the court. 23-(b)(i) Any victim of domestic abuse may file a petition and24-affidavit to renew a protection order. Such petition and affidavit for25-renewal shall be filed any time within forty-five days before the26-expiration of the previous protection order, including the date the order27-expires. 28-(ii) A protection order may be renewed on the basis of the29-petitioner's affidavit stating that there has been no material change in30-relevant circumstances since entry of the order and stating the reason31-LB80-2025-LB80-2025--4--for the requested renewal if: 1-(A) The petitioner seeks no modification of the order; and2-(B)(I) The respondent has been properly served with notice of the3-petition for renewal and notice of hearing and fails to appear at the4-hearing; or 5-(II) The respondent indicates that he or she does not contest the6-renewal. 7-(iii) Such renewed order shall specify that it is effective for a8-period of one year to commence on the first calendar day following the9-expiration of the previous order or on the calendar day the court grants10-the renewal if such day is subsequent to the first calendar day after11-expiration of the previous order and, if the court grants temporary12-custody, the number of days of custody granted to the petitioner unless13-otherwise modified by the court. 14-(4) Any person, except the petitioner, who knowingly violates a15-protection order issued pursuant to this section or section 42-931 after16-service or notice as described in subsection (2) of section 42-926 shall17-be guilty of a Class I misdemeanor, except that any person convicted of18-violating such order who has a prior conviction for violating a19-protection order shall be guilty of a Class IV felony.20-(5) If there is any conflict between sections 42-924 to 42-926 and21-any other provision of law, sections 42-924 to 42-926 shall govern.22-Sec. 4. (1) Any victim who has been harassed may file a petition23-and affidavit for a harassment protection order as provided in this24-section. The petition shall state the events and dates or approximate25-dates of acts constituting the alleged harassment, including the most26-recent and most severe incident or incidents. 27-(2) Upon the filing of such a petition and affidavit, the court may28-issue a harassment protection order, without bond, enjoining the29-respondent from: 30-(a) Imposing any restraint upon the person or liberty of the31-LB80-2025-LB80-2025--5--petitioner; 1-(b) Harassing, threatening, assaulting, molesting, attacking, or2-otherwise disturbing the peace of the petitioner; or3-(c) Telephoning, contacting, or otherwise communicating with the4-petitioner. 5-(3) This section does not apply to conduct which occurs during labor6-picketing. 7-Sec. 5. (1) Any victim of a sexual assault offense may file a8-petition and affidavit for a sexual assault protection order as provided9-in this section. The petition shall state the events and dates or10-approximate dates of acts constituting the sexual assault offense,11-including the most recent and most severe incident or incidents.12-(2) Upon the filing of such a petition and affidavit, the court may13-issue a sexual assault protection order, without bond, enjoining the14-respondent from: 15-(a) Imposing any restraint upon the person or liberty of the16-petitioner; 17-(b) Harassing, threatening, assaulting, molesting, attacking, or18-otherwise disturbing the peace of the petitioner; or19-(c) Telephoning, contacting, or otherwise communicating with the20-petitioner. 21-Sec. 6. (1) A petition for a protection order shall be filed with22-the clerk of the district court, and the proceeding may be heard by the23-county court or the district court as provided in section 25-2740.24-(2) A petition for a protection order may not be withdrawn except25-upon order of the court. 26-Sec. 7. A court may treat a petition for a domestic abuse,27-harassment, or sexual assault protection order as a petition for another28-of such types of protection order if it appears from the facts in the29-petition, affidavit, and evidence presented that such other type of30-protection order is more appropriate and if: 31-LB80-2025-LB80-2025--6--(1) The court makes specific findings that such other order is more1-appropriate; or 2-(2) The petitioner has requested the court to so treat the petition.3-Sec. 8. (1)(a) If a domestic abuse protection order or sexual4-assault protection order is not issued or renewed ex parte under section5-9 of this act, the court shall immediately schedule an evidentiary6-hearing to be held within fourteen days after the filing of the petition,7-and the court shall cause notice of the application to be given to the8-respondent stating that the respondent may show cause why such order9-should not be entered. 10-(b) If a harassment protection order is not issued or renewed ex11-parte under section 9 of this act, the court may schedule an evidentiary12-hearing to be held within fourteen days after the filing of the petition,13-and in such case the court shall cause notice of the application to be14-given to the respondent stating that the respondent may show cause why15-such order should not be entered. 16-(2) Any notice provided to the respondent shall include notification17-that: 18-(a) A court may treat a petition for a domestic abuse, harassment,19-or sexual assault protection order as a petition for another of such20-types of order if it appears from the facts that such other protection21-order is more appropriate; and 22-(b) The respondent shall have an opportunity to show cause as to why23-such protection order should not be entered. 24-Sec. 9. Section 42-925, Revised Statutes Cumulative Supplement,25-2024, is amended to read: 26-42-925 (1) A protection An order issued under section 42-924 may be27-issued or renewed ex parte to the respondent if it reasonably appears28-from the specific facts included in the affidavit that :29-(a) For a domestic abuse protection order, the petitioner will be in30-immediate danger of abuse before the matter can be heard on notice ; or .31-LB80-2025-LB80-2025--7--(b) For a harassment protection order or a sexual assault protection1-order, irreparable harm, loss, or damage will result before the matter2-can be heard on notice. 3-(2) For a harassment protection order, the court may decline to4-issue or renew a protection order ex parte to the respondent if the5-specific facts included in the affidavit (a) do not show that the6-petitioner will suffer irreparable harm, loss, or damage or (b) show7-that, for any compelling reason, an ex parte order should not be issued8-or renewed. If the court declines to issue or renew an ex parte9-harassment protection order, the court may dismiss the petition without10-prejudice or schedule an evidentiary hearing as provided in section 8 of11-this act. 12-(3) If a protection an order is issued or renewed ex parte, such13-order is a temporary order and the court shall forthwith cause notice of14-the petition and order to be given to the respondent. The court shall15-also cause a form to request a show-cause hearing to be served upon the16-respondent. If the respondent wishes to appear and show cause why the17-order should not remain in effect, he or she shall affix his or her18-current address, telephone number, and signature to the form and return19-it to the clerk of the district court within ten business days after20-service upon him or her. 21-(4) Upon receipt of a timely request for a show-cause hearing or22-upon , the request of the petitioner, or upon the court's own motion, the23-court shall immediately schedule a show-cause hearing to be held within24-thirty days after the receipt of such the request for a show-cause25-hearing and shall notify the petitioner and respondent of the hearing26-date. The court may also schedule such hearing on its own motion. The27-petition and affidavit shall be deemed to have been offered into evidence28-at any show-cause hearing. The petition and affidavit shall be admitted29-into evidence unless specifically excluded by the court. If the30-respondent appears at the hearing and shows cause why such order should31-LB80-2025-LB80-2025--8--not remain in effect, the court shall rescind the temporary order.1-(5) (2) A temporary ex parte order shall be affirmed and deemed the2-final protection order and service of the temporary ex parte order shall3-be notice of the final protection order if the respondent has been4-properly served with the temporary ex parte order and:5-(a) The respondent fails to request a show cause show-cause hearing6-within ten business days after service upon him or her and no hearing was7-requested by the petitioner or upon the court's own motion;8-(b) The respondent has been properly served with notice of any show9-cause hearing requested by the respondent, the petitioner, or upon the10-court's own motion and fails to appear at such hearing; or11-(c) The respondent has been properly served with notice of any show12-cause hearing requested by the respondent, the petitioner, or upon the13-court's own motion and the protection order was not dismissed at the14-hearing. 15-(3) If an order under section 42-924 is not issued ex parte, the16-court shall immediately schedule an evidentiary hearing to be held within17-fourteen days after the filing of the petition, and the court shall cause18-notice of the hearing to be given to the petitioner and the respondent.19-Any notice provided to the respondent shall include notification that a20-court may treat a petition for a domestic abuse protection order as a21-petition for a harassment protection order or a sexual assault protection22-order if it appears from the facts that such other protection order is23-more appropriate and that the respondent shall have an opportunity to24-show cause as to why such protection order should not be entered. If the25-respondent does not appear at the hearing and show cause why such order26-should not be issued, the court shall issue a final protection order.27-(4) The court may by rule or order refer or assign all matters28-regarding orders issued under section 42-924 to a referee for findings29-and recommendations. 30-(5) An order issued under section 42-924 shall remain in effect for31-LB80-2025-LB80-2025--9--the period provided in subsection (3) of section 42-924, unless dismissed1-or modified by the court prior to such date. If the order grants2-temporary custody, such custody shall not exceed the number of days3-specified by the court unless the respondent shows cause why the order4-should not remain in effect. 5-(6) The court shall also cause the notice created under section6-29-2291 to be served upon the respondent notifying the respondent that it7-may be unlawful under federal law for a person who is subject to a8-protection order to possess or receive any firearm or ammunition.9-(7) A court may treat a petition for a domestic abuse protection10-order as a petition for a harassment protection order or a sexual assault11-protection order if it appears from the facts in the petition, affidavit,12-and evidence presented at a show-cause hearing that such other protection13-order is more appropriate and if: 14-(a) The court makes specific findings that such other order is more15-appropriate; or 16-(b) The petitioner has requested the court to so treat the petition.17-Sec. 10. (1) A protection order may be issued for an initial period18-of at least one year and no more than two years, unless dismissed or19-modified by the court. The length of the initial period shall be set at20-the court's discretion based upon the evidence presented. When issued,21-the protection order shall specify its effective initial period.22-(2) Any protection order shall specify who is protected by the order23-and who is subject to restrictions under the order.24-Sec. 11. (1) A petitioner may file a petition and affidavit to25-renew a protection order. A petition for renewal may be filed ex parte as26-provided in section 9 of this act. Such petition and affidavit for27-renewal shall be filed any time within forty-five days before the28-expiration of the protection order, including the date the order expires.29-(2) A protection order may be renewed on the basis of the30-petitioner's affidavit stating that there has been no material change in31-LB80-2025-LB80-2025--10--relevant circumstances since entry of the order and stating the reason1-for the requested renewal if: 2-(a) The petitioner seeks no modification of the order; and3-(b)(i) The respondent has been properly served with notice of the4-petition for renewal and notice of hearing and fails to appear at the5-hearing; or 6-(ii) The respondent indicates that he or she does not contest the7-renewal. 8-(3) A renewed protection order shall specify that it is effective9-for a period of one year to commence on the first calendar day following10-the expiration of the previous order or on the calendar day the court11-grants the renewal if such day is subsequent to the first calendar day12-after expiration of the previous order. 13-(4) For a renewed domestic abuse protection order, if the court14-grants temporary custody of minor children, the renewed order shall15-specify the number of days of custody granted to the petitioner unless16-otherwise modified by the court. 17-Sec. 12. During any hearing on a protection order, the petition and18-affidavit shall be deemed to have been offered into evidence, and they19-shall be admitted into evidence unless specifically excluded by the20-court. 21-Sec. 13. The court may by rule or order refer or assign all matters22-regarding a domestic abuse protection order to a referee for findings and23-recommendations. 24-Sec. 14. Section 42-926, Revised Statutes Cumulative Supplement,25-2024, is amended to read: 26-42-926 (1)(a) (1) Upon the issuance of a temporary ex parte27-protection order or final protection order under section 42-925, the28-clerk of the court shall forthwith provide , free of charge:29-(i) The the petitioner , without charge, with two certified copies30-of such order ; 31-LB80-2025-LB80-2025--11--(ii) The . The clerk of the court shall also forthwith provide the1-local police department or local law enforcement agency and the local2-sheriff's office , without charge, with one copy each of such order and3-one copy each of the sheriff's return thereon ; and .4-(iii) A The clerk of the court shall also forthwith provide a copy5-of the protection order to the sheriff's office in the county where the6-respondent may be personally served , together with instructions for7-service. 8-(b) Upon receipt of the order and instructions for service, the such9-sheriff's office in the county where the respondent may be personally10-served shall forthwith serve the protection order upon the respondent and11-file its return thereon with the clerk of the court which issued the12-protection order within fourteen days of the issuance of the protection13-order. 14-(2) If any protection order is dismissed or modified by the court,15-the clerk of the court shall forthwith provide the local police16-department or local law enforcement agency and the local sheriff's17-office, without charge, with one copy each of the order of dismissal or18-modification. If the respondent has notice as described in subsection (2)19-of this section, further service under this subsection is unnecessary.20-(3) Any document required to be provided under this section,21-including certified copies of protection orders, may be provided22-electronically. 23-(4) (2) If the respondent was present at a hearing convened pursuant24-to section 9 of this act following issuance of an ex parte protection25-order 42-925 and the protection order was not dismissed, the respondent26-shall be deemed to have notice by the court at such hearing that the27-protection order will be granted and remain in effect and further service28-of notice described in subsection (1) of this section is not required for29-purposes of prosecution under subsection (4) of section 18 of this act30-42-924. 31-LB80-2025-LB80-2025--12--(3) When provided by the petitioner, the court shall make1-confidential numeric victim identification information, including social2-security numbers and dates of birth, available to appropriate criminal3-justice agencies engaged in protection order enforcement efforts. Such4-agencies shall maintain the confidentiality of this information, except5-for entry into state and federal databases for protection order6-enforcement. 7-Sec. 15. Upon issuance of any domestic abuse protection order, the8-court shall cause the notice created under section 29-2291 to be served9-upon the respondent notifying the respondent that it may be unlawful10-under federal law for a person who is subject to a domestic abuse11-protection order to possess or receive any firearm or ammunition.12-Sec. 16. Section 42-924.01, Reissue Revised Statutes of Nebraska, is13-amended to read: 14-42-924.01 (1) Fees to cover costs associated with the filing of a15-petition for a protection order or the issuance or service of a16-protection order seeking only the relief provided by the Protection17-Orders from Domestic Abuse Act shall not be charged, except that a court18-may assess such fees and costs if the court finds, by clear and19-convincing evidence, that the statements contained in the petition were20-false and that the protection order was sought in bad faith.21-(2) At the final hearing, a court may assess costs associated with22-the filing of a petition for a protection order or the issuance or23-service of a protection order seeking only the relief provided by the24-Protection Orders from Domestic Abuse Act against the respondent.25-Sec. 17. Section 42-924.03, Reissue Revised Statutes of Nebraska, is26-amended to read: 27-42-924.03 When ruling on a petition for a domestic abuse protection28-order, a A court shall only grant a respondent a domestic abuse29-protection order if (1) the respondent files a cross or counter petition30-seeking a protection order and (2) the issuing court makes specific31-LB80-2025-LB80-2025--13--findings of domestic or family abuse against the respondent and1-determines that the respondent is entitled to a protection order.2-Sec. 18. (1) Any person, except the petitioner, who knowingly3-violates a protection order issued pursuant to the Protection Orders Act,4-after service or notice as described in subsection (4) of section 14 of5-this act, or a valid foreign protection order recognized pursuant to6-section 23 or 24 of this act, shall be guilty of an offense and punished7-as provided in this section. 8-(2) For a violation involving a domestic abuse protection order, a9-sexual assault protection order, a valid foreign domestic abuse10-protection order recognized pursuant to section 23 of this act, or a11-valid foreign sexual assault protection order recognized pursuant to12-section 24 of this act a violation of this section is a Class I13-misdemeanor for a first offense and a Class IV felony for any second or14-subsequent offense. 15-(3) For a violation of a harassment protection order or a valid16-foreign harassment protection order recognized pursuant to section 24 of17-this act, a violation of this section is a Class II misdemeanor for a18-first offense and a Class I misdemeanor for any second or subsequent19-offense. 20-Sec. 19. Section 42-928, Reissue Revised Statutes of Nebraska, is21-amended to read: 22-42-928 A peace officer shall with or without a warrant arrest a23-person if : 24-(1) The the officer has probable cause to believe that the person25-has committed a violation of a protection order described in section 1826-of this act or an order issued pursuant to section 42-924, a violation of27-section 42-925, a violation of an order excluding a person from certain28-premises issued pursuant to section 42-357 ; , or a violation of a valid29-foreign protection order recognized pursuant to section 42-931 and30-(2) A a petitioner or person protected by a protection order or31-LB80-2025-LB80-2025--14--under section 42-924 or 42-925, an applicant for an order excluding a1-person from certain premises issued pursuant to section 42-357 , or a2-person protected under a valid foreign protection order recognized3-pursuant to section 42-931 provides the peace officer with a copy of such4-a protection order or an order excluding a person from certain premises5-issued under such sections or the peace officer determines that such an6-order exists after communicating with the local law enforcement agency.7-Sec. 20. Section 42-929, Reissue Revised Statutes of Nebraska, is8-amended to read: 9-42-929 A peace officer making an arrest pursuant to section 19 of10-this act 42-928 shall take such person into custody and take such person11-before a judge of the county court or the court which issued the12-protection order or other order. At such time the court shall establish13-the conditions of such person's release from custody, including the14-determination of bond or recognizance, as the case may be. The court15-shall issue an order directing that such person shall have no contact16-with any person protected by such order the alleged victim of the abuse17-or violation. 18-Sec. 21. Section 42-924.02, Revised Statutes Cumulative Supplement,19-2024, is amended to read: 20-42-924.02 (1) The clerk of the district court shall make available21-standard petition and affidavit forms for all types of protection orders22-provided by law with instructions for completion to be used by a23-petitioner. 24-(2) Affidavit forms shall request all relevant information,25-including, but not limited to: A description of the most recent incident26-that was the basis for the application for a protection order and the27-date or approximate date of the incident and, if there was more than one28-incident, the most severe incident and the date or approximate date of29-such incident. The affidavit form shall permit the petitioner to request30-that any contact information of the petitioner be kept confidential. If31-LB80-2025-LB80-2025--15--the petitioner makes such request, such information shall not be released1-and shall only be available for the court's use. The clerk and his or her2-employees shall not provide assistance in completing the forms.3-(3) The State Court Administrator shall adopt and promulgate the4-standard petition and affidavit forms provided for in this section as5-well as the standard temporary ex parte and final protection order forms6-and provide a copy of such forms to all clerks of the district courts in7-this state. These standard temporary ex parte and final protection order8-forms shall be the only such forms used in this state.9-Sec. 22. When provided by the petitioner, the court shall make10-confidential numeric victim identification information, including social11-security numbers and dates of birth, available to appropriate criminal12-justice agencies engaged in protection order enforcement efforts. Such13-agencies shall maintain the confidentiality of this information, except14-for entry into state and federal databases for protection order15-enforcement. 16-Sec. 23. Section 42-931, Reissue Revised Statutes of Nebraska, is17-amended to read: 18-42-931 A valid foreign protection order related to domestic or19-family abuse issued by a tribunal of another state, tribe, or territory20-shall be accorded full faith and credit by the courts of this state and21-enforced pursuant to the Uniform Interstate Enforcement of Domestic22-Violence Protection Orders Act. 23-Sec. 24. Section 28-311.12, Revised Statutes Cumulative Supplement,24-2024, is amended to read: 25-28-311.12 (1) A valid foreign harassment or sexual assault26-protection order or an order similar to a harassment or sexual assault27-protection order issued by a court of another state, territory,28-possession, or tribe shall be accorded full faith and credit by the29-courts of this state and enforced as if it were issued in this state.30-(2) A foreign harassment or sexual assault protection order issued31-LB80-2025-LB80-2025--16--by a court of another state, territory, possession, or tribe shall be1-valid if: 2-(a) The issuing court had jurisdiction over the parties and matter3-under the law of such state, territory, possession, or tribe;4-(b) The respondent was given reasonable notice and an opportunity to5-be heard sufficient to protect the respondent's right to due process6-before the order was issued; and 7-(c) The harassment or sexual assault protection order from another8-jurisdiction has not been rendered against both the petitioner and the9-respondent, unless: (i) The respondent filed a cross or counter petition,10-complaint, or other written pleading seeking such an a sexual assault11-protection order; and (ii) the issuing court made specific findings of12-harassment or sexual assault offenses against both the petitioner and13-respondent and determined that each party was entitled to such an order.14-(3) There is a presumption of the validity of the foreign protection15-order when the order appears authentic on its face.16-(4) A peace officer may rely upon a copy of any putative valid17-foreign harassment or sexual assault protection order which has been18-provided to the peace officer by any source. 19-Sec. 25. If there is any conflict between the Protection Orders Act20-and any other provision of law, the Protection Orders Act shall govern.21-Sec. 26. Section 25-2740, Revised Statutes Cumulative Supplement,22-2024, is amended to read: 23-25-2740 (1) For purposes of this section: 24-(a) Domestic relations matters means proceedings under the25-Protection Orders Act, sections 28-311.09 and 28-311.10 (including26-harassment protection orders and valid foreign harassment protection27-orders), sections 28-311.11 and 28-311.12 (including sexual assault28-protection orders and valid foreign sexual assault protection orders),29-the Conciliation Court Law and sections 42-347 to 42-381 (including30-dissolution, separation, annulment, custody, and support), section31-LB80-2025-LB80-2025--17--43-512.04 (including child support or medical support), section 42-9241-(including domestic protection orders), sections 43-1401 to 43-14182-(including paternity determinations and parental support), and sections3-43-1801 to 43-1803 (including grandparent visitation); and4-(b) Paternity or custody determinations means proceedings to5-establish the paternity of a child under sections 43-1411 to 43-1418 or6-proceedings to determine custody of a child under section 42-364.7-(2) Except as provided in subsection (3) of this section, in8-domestic relations matters, a party shall file his or her petition or9-complaint and all other court filings with the clerk of the district10-court. The party shall state in the petition or complaint whether such11-party requests that the proceeding be heard by a county court judge or by12-a district court judge. If the party requests the case be heard by a13-county court judge, the county court judge assigned to hear cases in the14-county in which the matter is filed at the time of the hearing is deemed15-appointed by the district court and the consent of the county court judge16-is not required. Such proceeding is considered a district court17-proceeding, even if heard by a county court judge, and an order or18-judgment of the county court in a domestic relations matter has the force19-and effect of a district court judgment. The testimony in a domestic20-relations matter heard before a county court judge shall be preserved as21-provided in section 25-2732. 22-(3) In addition to the jurisdiction provided for paternity or23-custody determinations under subsection (2) of this section, a county24-court or separate juvenile court which already has jurisdiction over the25-child whose paternity or custody is to be determined has jurisdiction26-over such paternity or custody determination. 27-Sec. 27. Section 28-311.02, Reissue Revised Statutes of Nebraska, is28-amended to read: 29-28-311.02 (1) It is the intent of the Legislature to enact laws30-dealing with stalking offenses which will protect victims from being31-LB80-2025-LB80-2025--18--willfully harassed, intentionally terrified, threatened, or intimidated1-by individuals who intentionally follow, detain, stalk, or harass them or2-impose any restraint on their personal liberty and which will not3-prohibit constitutionally protected activities. 4-(2) For purposes of sections 28-311.02 to 28-311.05 , 28-311.09, and5-28-311.10: 6-(a) Harass means to engage in a knowing and willful course of7-conduct directed at a specific person which seriously terrifies,8-threatens, or intimidates the person and which serves no legitimate9-purpose; 10-(b) Course of conduct means a pattern of conduct composed of a11-series of acts over a period of time, however short, evidencing a12-continuity of purpose, including a series of acts of following,13-detaining, restraining the personal liberty of, or stalking the person or14-telephoning, contacting, or otherwise communicating with the person;15-(c) Family or household member means a spouse or former spouse of16-the victim, children of the victim, a person presently residing with the17-victim or who has resided with the victim in the past, a person who had a18-child in common with the victim, other persons related to the victim by19-consanguinity or affinity, or any person presently involved in a dating20-relationship with the victim or who has been involved in a dating21-relationship with the victim. For purposes of this subdivision, dating22-relationship means frequent, intimate associations primarily23-characterized by the expectation of affectional or sexual involvement but24-does not include a casual relationship or an ordinary association between25-persons in a business or social context; and 26-(d) Substantially conforming criminal violation means a guilty plea,27-a nolo contendere plea, or a conviction for a violation of any federal28-law or law of another state or any county, city, or village ordinance of29-this state or another state substantially similar to section 28-311.03.30-Substantially conforming is a question of law to be determined by the31-LB80-2025-LB80-2025--19--court. 1-Sec. 28. Section 28-311.04, Revised Statutes Cumulative Supplement,2-2024, is amended to read: 3-28-311.04 (1) Except as provided in subsection (2) of this section,4-any person convicted of violating section 28-311.03 is guilty of a Class5-I misdemeanor. 6-(2) Any person convicted of violating section 28-311.03 is guilty of7-a Class IIIA felony if: 8-(a) The person has a prior conviction under such section or a9-substantially conforming criminal violation within the last seven years;10-(b) The victim is under sixteen years of age;11-(c) The person possessed a deadly weapon at any time during the12-violation; 13-(d) The person was also in violation of any protection order issued14-under the Protection Orders Act or any section 28-311.09, 28-311.11,15-42-924, or 42-925, or in violation of a valid foreign harassment16-protection order recognized pursuant to section 23 or 24 of this act17-28-311.10 or a valid foreign sexual assault protection order recognized18-pursuant to section 28-311.12 at any time during the violation; or19-(e) The person has been convicted of any felony in this state or has20-been convicted of a crime in another jurisdiction which, if committed in21-this state, would constitute a felony and the victim or a family or22-household member of the victim was also the victim of such previous23-felony. 24-Sec. 29. Section 28-311.05, Reissue Revised Statutes of Nebraska, is25-amended to read: 26-28-311.05 Sections 28-311.02 to 28-311.04 , 28-311.09, and 28-311.1027-shall not apply to conduct which occurs during labor picketing.28-Sec. 30. Section 28-358.01, Revised Statutes Cumulative Supplement,29-2024, is amended to read: 30-28-358.01 (1) Isolation means intentional acts (a) committed for the31-LB80-2025-LB80-2025--20--purpose of preventing, and which do prevent, a vulnerable adult or senior1-adult from having contact with family, friends, or concerned persons ; ,2-(b) committed to prevent a vulnerable adult or senior adult from3-receiving his or her mail or telephone calls ; , (c) of physical or4-chemical restraint of a vulnerable adult or senior adult committed for5-purposes of preventing contact with visitors, family, friends, or other6-concerned persons ; , or (d) which restrict, place, or confine a7-vulnerable adult or senior adult in a restricted area for purposes of8-social deprivation or preventing contact with family, friends, visitors,9-or other concerned persons. 10-(2) Isolation does not include (a) medical isolation prescribed by a11-licensed physician caring for the vulnerable adult or senior adult ; , (b)12-action taken in compliance with a harassment protection order issued13-under the Protection Orders Act, pursuant to section 28-311.09, a valid14-foreign harassment protection order recognized pursuant to section 23 or15-24 of this act, or 28-311.10, a sexual assault protection order issued16-pursuant to section 28-311.11, a valid foreign sexual assault protection17-order recognized pursuant to section 28-311.12, an order issued pursuant18-to section 42-924, an ex parte order issued pursuant to section 42-925,19-an order excluding a person from certain premises issued pursuant to20-section 42-357 ; , or a valid foreign protection order recognized pursuant21-to section 42-931, or (c) action authorized by an administrator of a22-nursing home pursuant to section 71-6021. 23-Sec. 31. Section 28-1205, Revised Statutes Cumulative Supplement,24-2024, is amended to read: 25-28-1205 (1)(a) Any person who uses a firearm, a knife, brass or iron26-knuckles, or any other deadly weapon to commit any felony which may be27-prosecuted in a court of this state commits the offense of use of a28-deadly weapon to commit a felony. 29-(b) Use of a deadly weapon, other than a firearm, to commit a felony30-is a Class II felony. 31-LB80-2025-LB80-2025--21--(c) Use of a deadly weapon, which is a firearm, to commit a felony1-is a Class IC felony. 2-(2)(a) Any person who possesses a firearm, a knife, brass or iron3-knuckles, or a destructive device during the commission of any felony4-which may be prosecuted in a court of this state commits the offense of5-possession of a deadly weapon during the commission of a felony.6-(b) Possession of a deadly weapon, other than a firearm, during the7-commission of a felony is a Class III felony. 8-(c) Possession of a deadly weapon, which is a firearm, during the9-commission of a felony is a Class II felony. 10-(3)(a) Any person who carries a firearm or a destructive device11-during the commission of a dangerous misdemeanor commits the offense of12-carrying a firearm or destructive device during the commission of a13-dangerous misdemeanor. 14-(b) A violation of this subsection is a: 15-(i) Class I misdemeanor for a first or second offense; and16-(ii) A Class IV felony for any third or subsequent offense.17-(4) A violation of this section shall be treated as a separate and18-distinct offense from the underlying crimes being committed, and a19-sentence imposed under this section shall be consecutive to any other20-sentence imposed. 21-(5) Possession of a deadly weapon may be proved through evidence22-demonstrating either actual or constructive possession of a firearm, a23-knife, brass or iron knuckles, or a destructive device during,24-immediately prior to, or immediately after the commission of a felony.25-(6) For purposes of this section: 26-(a) Dangerous misdemeanor means a misdemeanor violation of any of27-the following offenses: 28-(i) Stalking under section 28-311.03; 29-(ii) Knowing violation of any a harassment protection order issued30-under the Protection Orders Act section 28-311.09;31-LB80-2025-LB80-2025--22--(iii) Knowing violation of a sexual assault protection order under1-section 28-311.11; 2-(iii) (iv) Domestic assault under section 28-323;3-(iv) (v) Assault of an unborn child in the third degree under4-section 28-399; 5-(v) (vi) Theft by shoplifting under section 28-511.01;6-(vi) (vii) Unauthorized use of a propelled vehicle under section7-28-516; 8-(vii) (viii) Criminal mischief under section 28-519 if such9-violation arises from an incident involving the commission of a10-misdemeanor crime of domestic violence; 11-(viii) (ix) Impersonating a police officer under section 28-610;12-(ix) (x) Resisting arrest under section 28-904;13-(x) (xi) Operating a motor vehicle or vessel to avoid arrest under14-section 28-905; 15-(xi) (xii) Obstructing a peace officer under section 28-906; or16-(xiii) Knowing violation of a domestic abuse protection order under17-section 42-924; or 18-(xii) (xiv) Any attempt under section 28-201 to commit an offense19-described in subdivisions (6)(a)(i) through (xi) (xiii) of this section;20-(b) Destructive device has the same meaning as in section 28-1213;21-(c) Misdemeanor crime of domestic violence has the same meaning as22-in section 28-1206; and 23-(d) Use of a deadly weapon includes the discharge, employment, or24-visible display of any part of a firearm, a knife, brass or iron25-knuckles, any other deadly weapon, or a destructive device during,26-immediately prior to, or immediately after the commission of a felony or27-communication to another indicating the presence of a firearm, a knife,28-brass or iron knuckles, any other deadly weapon, or a destructive device29-during, immediately prior to, or immediately after the commission of a30-felony, regardless of whether such firearm, knife, brass or iron31-LB80-2025-LB80-2025--23--knuckles, deadly weapon, or destructive device was discharged, actively1-employed, or displayed. 2-Sec. 32. Section 28-1206, Revised Statutes Cumulative Supplement,3-2024, is amended to read: 4-28-1206 (1) A person commits the offense of possession of a deadly5-weapon by a prohibited person if he or she: 6-(a) Possesses a firearm, a knife, or brass or iron knuckles and he7-or she: 8-(i) Has previously been convicted of a felony;9-(ii) Is a fugitive from justice; 10-(iii) Is the subject of a current and valid validly issued domestic11-violence protection order issued under the Protection Orders Act or a12-current and valid foreign protection order recognized under section 23 or13-24 of this act , harassment protection order, or sexual assault14-protection order and is knowingly violating such order; or15-(iv) Is on probation pursuant to a deferred judgment for a felony16-under section 29-2292 or 29-4803; or 17-(b) Possesses a firearm or brass or iron knuckles and he or she has18-been convicted within the past seven years of a misdemeanor crime of19-domestic violence. 20-(2) The felony conviction may have been had in any court in the21-United States, the several states, territories, or possessions, or the22-District of Columbia. 23-(3)(a) Possession of a deadly weapon which is not a firearm by a24-prohibited person is a Class III felony. 25-(b) Possession of a deadly weapon which is a firearm by a prohibited26-person is a Class ID felony for a first offense and a Class IB felony for27-a second or subsequent offense. 28-(4) Subdivision (1)(a)(i) of this section shall not prohibit:29-(a) Possession of archery equipment for lawful purposes; or30-(b) If in possession of a recreational license, possession of a31-LB80-2025-LB80-2025--24--knife for purposes of butchering, dressing, or otherwise processing or1-harvesting game, fish, or furs. 2-(5)(a) For purposes of this section, misdemeanor crime of domestic3-violence means a crime that: 4-(i) Is classified as a misdemeanor under the laws of the United5-States or the District of Columbia or the laws of any state, territory,6-possession, or tribe; 7-(ii) Has, as an element, the use or attempted use of physical force8-or the threatened use of a deadly weapon; and 9-(iii) Is committed by another against his or her spouse, his or her10-former spouse, a person with whom he or she has a child in common whether11-or not they have been married or lived together at any time, or a person12-with whom he or she is or was involved in a dating relationship as13-defined in section 28-323. 14-(b) For purposes of this section, misdemeanor crime of domestic15-violence also includes the following offenses, if committed by a person16-against his or her spouse, his or her former spouse, a person with whom17-he or she is or was involved in a dating relationship as defined in18-section 28-323, or a person with whom he or she has a child in common19-whether or not they have been married or lived together at any time:20-(i) Assault in the third degree under section 28-310;21-(ii) Stalking under subsection (1) of section 28-311.04;22-(iii) False imprisonment in the second degree under section 28-315;23-(iv) First offense domestic assault in the third degree under24-subsection (1) of section 28-323; or 25-(v) Any attempt or conspiracy to commit any of such offenses.26-(c) A person shall not be considered to have been convicted of a27-misdemeanor crime of domestic violence unless: 28-(i) The person was represented by counsel in the case or knowingly29-and intelligently waived the right to counsel in the case; and30-(ii) In the case of a prosecution for a misdemeanor crime of31-LB80-2025-LB80-2025--25--domestic violence for which a person was entitled to a jury trial in the1-jurisdiction in which the case was tried, either: 2-(A) The case was tried to a jury; or 3-(B) The person knowingly and intelligently waived the right to have4-the case tried to a jury. 5-(6) In addition, for purposes of this section:6-(a) Archery equipment means: 7-(i) A longbow, recurve bow, compound bow, or nonelectric crossbow8-that is drawn or cocked with human power and released by human power; and9-(ii) Target or hunting arrows, including arrows with broad, fixed,10-or removable heads or that contain multiple sharp cutting edges; and11-(b) Domestic violence protection order means a protection order12-issued pursuant to section 42-924; 13-(c) Harassment protection order means a protection order issued14-pursuant to section 28-311.09 or that meets or exceeds the criteria set15-forth in section 28-311.10 regarding protection orders issued by a court16-in any other state or a territory, possession, or tribe;17-(b) (d) Recreational license means a state-issued license,18-certificate, registration, permit, tag, sticker, or other similar19-document or identifier evidencing permission to hunt, fish, or trap for20-furs in the State of Nebraska . ; and 21-(e) Sexual assault protection order means a protection order issued22-pursuant to section 28-311.11 or that meets or exceeds the criteria set23-forth in section 28-311.12 regarding protection orders issued by a court24-in any other state or a territory, possession, or tribe.25-Sec. 33. Section 29-404.02, Revised Statutes Cumulative Supplement,26-2024, is amended to read: 27-29-404.02 (1) Except as provided in section 19 of this act sections28-28-311.11 and 42-928, a peace officer may arrest a person without a29-warrant if the officer has reasonable cause to believe that such person30-has committed: 31-LB80-2025-LB80-2025--26--(a) A felony; 1-(b) A misdemeanor, and the officer has reasonable cause to believe2-that such person either (i) will not be apprehended unless immediately3-arrested, (ii) may cause injury to himself or herself or others or damage4-to property unless immediately arrested, (iii) may destroy or conceal5-evidence of the commission of such misdemeanor, or (iv) has committed a6-misdemeanor in the presence of the officer; or 7-(c) One or more of the following acts to one or more household8-members, whether or not committed in the presence of the peace officer:9-(i) Attempting to cause or intentionally and knowingly causing10-bodily injury with or without a dangerous instrument;11-(ii) Placing, by physical menace, another in fear of imminent bodily12-injury; or 13-(iii) Engaging in sexual contact or sexual penetration without14-consent as defined in section 28-318. 15-(2) An individual arrested without a warrant under this section who16-remains in custody shall be brought before a court in the county where17-the arrest occurred for an appearance no later than seven days after such18-arrest. The appearance may be in person or conducted remotely by means of19-videoconferencing. The individual shall have the right to appear in20-person but must agree to waive the seven-day deadline if an in-person21-appearance within such time is not reasonably practicable.22-(3) For purposes of this section: 23-(a) Household members includes spouses or former spouses, children,24-persons who are presently residing together or who have resided together25-in the past, persons who have a child in common whether or not they have26-been married or have lived together at any time, other persons related by27-consanguinity or affinity, and persons who are presently involved in a28-dating relationship with each other or who have been involved in a dating29-relationship with each other; and 30-(b) Dating relationship means frequent, intimate associations31-LB80-2025-LB80-2025--27--primarily characterized by the expectation of affectional or sexual1-involvement, but does not include a casual relationship or an ordinary2-association between persons in a business or social context.3-Sec. 34. Section 29-422, Revised Statutes Cumulative Supplement,4-2024, is amended to read: 5-29-422 It is hereby declared to be the policy of the State of6-Nebraska to issue citations in lieu of arrest or continued custody to the7-maximum extent consistent with the effective enforcement of the law and8-the protection of the public. In furtherance of that policy, except as9-provided in sections 19 and 20 of this act 28-311.11, 42-928, and 42-929,10-any peace officer shall be authorized to issue a citation in lieu of11-arrest or continued custody for any offense which is a traffic12-infraction, any other infraction, or a misdemeanor and for any violation13-of a city or village ordinance. Such authorization shall be carried out14-in the manner specified in sections 29-422 to 29-429 and 60-684 to15-60-686. 16-Sec. 35. Section 29-2292, Revised Statutes Cumulative Supplement,17-2024, is amended to read: 18-29-2292 (1) Upon a finding of guilt for which a judgment of19-conviction may be rendered, a defendant may request the court defer the20-entry of judgment of conviction. Upon such request and after giving the21-prosecutor and defendant the opportunity to be heard, the court may defer22-the entry of a judgment of conviction and the imposition of a sentence23-and place the defendant on probation, upon conditions as the court may24-require under section 29-2262. 25-(2) The court shall not defer judgment under this section if:26-(a) The offense is a violation of a domestic abuse protection order27-under section 18 of this act section 42-924; 28-(b) The victim of the offense is an intimate partner as defined in29-section 28-323; 30-(c) The offense is a violation of section 60-6,196 or 60-6,197 or a31-LB80-2025-LB80-2025--28--city or village ordinance enacted in conformance with section 60-6,196 or1-60-6,197; or 2-(d) The defendant is not eligible for probation.3-(3) Whenever a court considers a request to defer judgment, the4-court shall consider the factors set forth in section 29-2260 and any5-other information the court deems relevant. 6-(4) Except as otherwise provided in this section and sections7-29-2293 and 29-2294, the supervision of a defendant on probation pursuant8-to a deferred judgment shall be governed by the Nebraska Probation9-Administration Act and sections 29-2270 to 29-2273.10-(5) After a hearing providing the prosecutor and defendant an11-opportunity to be heard and upon a finding that a defendant has violated12-a condition of his or her probation, the court may enter any order13-authorized by section 29-2268 or pronounce judgment and impose such new14-sentence as might have been originally imposed for the offense for which15-the defendant was convicted. 16-(6) Upon satisfactory completion of the conditions of probation and17-the payment or waiver of all administrative and programming fees assessed18-under section 29-2293, the defendant or prosecutor may file a motion to19-withdraw any plea entered by the defendant and to dismiss the action20-without entry of judgment. 21-(7) The provisions of this section apply to offenses committed on or22-after July 1, 2020. For purposes of this section, an offense shall be23-deemed to have been committed prior to July 1, 2020, if any element of24-the offense occurred prior to such date. 25-Sec. 36. Section 42-901, Reissue Revised Statutes of Nebraska, is26-amended to read: 27-42-901 Sections 42-901 to 42-930 42-931 shall be known and may be28-cited as the Protection from Domestic Abuse Act. 29-Sec. 37. Section 42-903, Revised Statutes Cumulative Supplement,30-2024, is amended to read: 31-LB80-2025-LB80-2025--29--42-903 For purposes of the Protection from Domestic Abuse Act,1-unless the context otherwise requires: 2-(1) Abuse means the occurrence of one or more of the following acts3-between family or household members: 4-(a) Attempting to cause or intentionally and knowingly causing5-bodily injury with or without a dangerous instrument;6-(b) Placing, by means of credible threat, another person in fear of7-bodily injury. For purposes of this subdivision, credible threat means a8-verbal or written threat, including a threat performed through the use of9-an electronic communication device, or a threat implied by a pattern of10-conduct or a combination of verbal, written, or electronically11-communicated statements and conduct that is made by a person with the12-apparent ability to carry out the threat so as to cause the person who is13-the target of the threat to reasonably fear for his or her safety or the14-safety of his or her family. It is not necessary to prove that the person15-making the threat had the intent to actually carry out the threat. The16-present incarceration of the person making the threat shall not prevent17-the threat from being deemed a credible threat under this section; or18-(c) Engaging in sexual contact or sexual penetration without consent19-as defined in section 28-318; 20-(2) Department means the Department of Health and Human Services;21-(3) Family or household members includes spouses or former spouses,22-children, persons who are presently residing together or who have resided23-together in the past, persons who have a child in common whether or not24-they have been married or have lived together at any time, other persons25-related by consanguinity or affinity, and persons who are presently26-involved in a dating relationship with each other or who have been27-involved in a dating relationship with each other. For purposes of this28-subdivision, dating relationship means frequent, intimate associations29-primarily characterized by the expectation of affectional or sexual30-involvement, but does not include a casual relationship or an ordinary31-LB80-2025-LB80-2025--30--association between persons in a business or social context; and1-(4) Household pet means any animal maintained for companionship or2-pleasure but does not include any animal kept primarily for commercial3-purposes or for consumption or any livestock animal as defined in section4-54-902; and 5-(4) (5) Law enforcement agency means the police department or town6-marshal in incorporated municipalities, the office of the sheriff in7-unincorporated areas, and the Nebraska State Patrol.8-Sec. 38. Section 42-905, Reissue Revised Statutes of Nebraska, is9-amended to read: 10-42-905 The comprehensive support services shall include, but not be11-limited to: 12-(1) Emergency services for victims of abuse and their families;13-(2) Support programs that meet specific needs of victims of abuse14-and their families; 15-(3) Education, counseling, and supportive programs for the abuser;16-(4) Programs to aid in the prevention and elimination of domestic17-violence which shall include education and public awareness; and18-(5) Assistance in completing the standard petition and affidavit19-forms for persons who file a petition and affidavit for a domestic abuse20-protection order under the Protection Orders Act. 21-Sec. 39. Section 42-927, Reissue Revised Statutes of Nebraska, is22-amended to read: 23-42-927 All law enforcement agencies in the state shall provide24-officers employed by them with an education and training program designed25-to inform the officers of the problems of domestic abuse, procedures to26-deal with such problems, the Protection from Domestic Abuse Act, the27-Protection Orders Act, and the services and facilities available to28-abused family and household members. 29-Sec. 40. Section 43-2,107, Reissue Revised Statutes of Nebraska, is30-amended to read: 31-LB80-2025-LB80-2025--31--43-2,107 On application of a party or on the court's own motion, the1-court may restrain or otherwise control the conduct of a person if a2-petition has been filed under the Nebraska Juvenile Code and the court3-finds that such conduct is or may be detrimental or harmful to the4-juvenile. Notice of the application or motion and an opportunity to be5-heard thereon shall be given to the person against whom such application6-or motion is directed, except that the court may enter a temporary order7-restraining or otherwise controlling the conduct of a person for the8-protection of a juvenile without prior notice if it appears to the court9-that it is necessary to issue such order forthwith. Such temporary order10-shall be effective not to exceed ten days and shall not be binding11-against any person unless he or she has received a copy of such order.12-Any individual who violates an order restraining or otherwise controlling13-his or her conduct under this section shall be guilty of a Class II14-misdemeanor and may be proceeded against as described in sections 19 and15-20 of this act 42-928 and 42-929. 16-Sec. 41. Section 43-1609, Revised Statutes Cumulative Supplement,17-2024, is amended to read: 18-43-1609 (1) Child support referees shall be appointed when necessary19-by the district courts, separate juvenile courts, and county courts to20-meet the requirements of federal law relating to expediting the21-establishment, modification, enforcement, and collection of child,22-spousal, or medical support and domestic abuse protection orders issued23-under the Protection Orders Act section 42-924. 24-(2) Child support referees shall be appointed by order of the25-district court, separate juvenile court, or county court. The Supreme26-Court shall appoint child support referees to serve more than one27-judicial district if the Supreme Court determines it is necessary.28-(3) To be qualified for appointment as a child support referee, a29-person shall be an attorney in good standing admitted to the practice of30-law in the State of Nebraska and shall meet any other requirements31-LB80-2025-LB80-2025--32--imposed by the Supreme Court. A child support referee shall be sworn or1-affirmed to well and faithfully hear and examine the cause and to make a2-just and true report according to the best of his or her understanding.3-The oath or affirmation may be administered by a district, county, or4-separate juvenile court judge. A child support referee may be removed at5-any time by the appointing court. 6-(4) The Supreme Court may contract with an attorney to perform the7-duties of a referee for a specific case or for a specific amount of time8-or may direct a judge of the county court to perform such duties.9-Sec. 42. Section 43-1611, Revised Statutes Cumulative Supplement,10-2024, is amended to read: 11-43-1611 A district court, separate juvenile court, or county court12-may by rule or order refer or assign any and all matters regarding the13-establishment, modification, enforcement, and collection of child,14-spousal, or medical support, paternity matters, and domestic abuse15-protection orders issued under the Protection Orders Act section 42-92416-to a child support referee for findings and recommendations.17-Sec. 43. Section 60-3209, Reissue Revised Statutes of Nebraska, is18-amended to read: 19-60-3209 (1) Captured plate data held by a governmental entity is not20-considered a public record for purposes of sections 84-712 to 84-712.0921-and shall only be disclosed to the person to whom the vehicle is22-registered or with the prior written consent of the person to whom the23-vehicle is registered or pursuant to a disclosure order under subsection24-(2) of section 60-3205 or as the result of a match pursuant to subsection25-(2) of section 60-3203. 26-(2) Upon the presentation to a governmental entity of a valid,27-outstanding protection order pursuant to the Protection Orders from28-Domestic Abuse Act or , the Uniform Interstate Enforcement of Domestic29-Violence Protection Orders Act , or section 28-311.09 or 28-311.1030-protecting the driver of a vehicle jointly registered with or registered31-LB80-2025-LB80-2025--33--solely in the name of the individual against whom the order was issued,1-captured plate data may not be disclosed except pursuant to a disclosure2-order under subsection (2) of section 60-3205 or as the result of a match3-pursuant to subsection (2) of section 60-3203. 4-Sec. 44. Original sections 28-311.02, 28-311.05, 42-901, 42-905,5-42-924.01, 42-924.03, 42-927, 42-928, 42-929, 42-931, 43-2,107, and6-60-3209, Reissue Revised Statutes of Nebraska, and sections 25-2740,7-28-311.04, 28-311.12, 28-358.01, 28-1205, 28-1206, 29-404.02, 29-422,8-29-2292, 42-903, 42-924, 42-924.02, 42-925, 42-926, 43-1609, and 43-1611,9-Revised Statutes Cumulative Supplement, 2024, are repealed.10-Sec. 45. The following sections are outright repealed: Section11-28-311.10, Reissue Revised Statutes of Nebraska, and sections 28-311.0912-and 28-311.11, Revised Statutes Cumulative Supplement, 2024.13-LB80-2025-LB80-2025--34-
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