Bill Summary – FastDemocracy

LB18                                                                       LB18
                                                                     2023
                              LEGISLATURE OF NEBRASKA
                         ONE HUNDRED EIGHTH LEGISLATURE
                                  FIRST SESSION
                       LEGISLATIVE BILL 18
       Introduced by Wayne, 13; McKinney, 11.
       Read first time January 05, 2023
       Committee: Judiciary
   A BILL FOR AN ACT relating to criminal procedure; to amend sections
      29-2101 and 29-2103, Reissue Revised Statutes of Nebraska; to change
      provisions relating to motions for a new trial; to provide for
      applicability; and to repeal the original sections.
  Be it enacted by the people of the State of Nebraska,
                                          -1-
LB18                                                                                         LB18
                                                                                       2023
      Section 1. Section 29-2101, Reissue Revised Statutes of Nebraska, is
  amended to read:
      29-2101 A new trial, after a verdict of conviction, may be granted,
  on the application of the defendant, for any of the following grounds
  affecting materially affecting his or her substantial rights:
       (1) Irregularity in the proceedings of the court, of the prosecuting
   attorney, or of the witnesses for the state or in any order of the court
  or abuse of discretion by which the defendant was prevented from having a
  fair trial;
      (2) Misconduct misconduct of the jury, of the prosecuting attorney,
  or of the witnesses for the state;
      (3) Accident accident or surprise which ordinary prudence could not
  have guarded against;
      (4) The the verdict is not sustained by sufficient evidence or is
  contrary to law;
       (5) Newly newly discovered evidence material for the defendant which
  he or she could not with reasonable diligence have discovered or and
  produced at the trial. For purposes of this subdivision, testimony or
  evidence from    a witness who previously had     a testimonial or
   constitutional privilege and who, because of such privilege, refused to
   testify or produce evidence in a prior proceeding, shall be considered
   newly discovered evidence;
       (6)      Newly newly discovered exculpatory DNA   or similar forensic
   testing evidence obtained under the DNA Testing Act; or
       (7) Error error of law occurring at the trial.
       The changes made to this section by this legislative bill shall
  apply to    all persons,   otherwise eligible in    accordance with the
  provisions of this section, whether convicted prior to, on, or subsequent
  to the effective date of this act.
      Sec. 2. Section 29-2103, Reissue Revised Statutes of Nebraska, is
  amended to read:
                                             -2-
LB18                                                                                                       LB18
                                                                                                     2023
      29-2103          (1)    A    motion for new trial shall be    made by    written
  application and may be filed either during or after the term of the court
  at which the verdict was rendered.
       (2) A motion for a new trial shall state the grounds under section
  29-2101 which are the basis for the motion and shall be supported by
  evidence as provided in section 29-2102.
      (3)        A   motion for new trial based on   the grounds set forth in
  subdivision (1), (2), (3), (4), or (7) of section 29-2101 shall be filed
   within ten days after the verdict was rendered unless such filing is
   unavoidably prevented, and the grounds for such motion may be stated by
  directly incorporating the appropriate language of   section      29-2101
  without further particularity.
       (4)(a) Except as provided in subdivision (4)(b) of this section, a
   (4) A motion for new trial based on the grounds set forth in subdivision
   (5) of section 29-2101 shall be filed within a reasonable time after the
  discovery of the new evidence and cannot be filed more than five years
   after the date of the verdict, unless the motion and supporting documents
  show the new evidence could not with reasonable diligence have been
  discovered or and produced at trial and such evidence is so substantial
  that a different result may have occurred.
      (b) The time limitation in this subsection does not apply if the
  motion for a new trial involves a conviction for a Class I, IA, or IB
  felony.
       (5)        A   motion for new trial based on   the grounds set forth in
   subdivision (6) of section 29-2101 shall be filed within ninety days
   after a final order is issued under section 29-4123 or within ninety days
   after the hearing if no final order is entered, whichever occurs first.
      (6) The changes made to this section by this legislative bill shall
  apply to       all persons,      otherwise eligible in    accordance with the
  provisions of this section, whether convicted prior to, on, or subsequent
   to the effective date of this act.
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LB18                                                                    LB18
                                                                  2023
      Sec. 3.    Original sections 29-2101 and 29-2103, Reissue Revised
  Statutes of Nebraska, are repealed.
                                        -4-
Statutes affected: 
Introduced: 29-2101, 29-2103