This bill amends sections 27-412 and 29-1917 of the Revised Statutes Cumulative Supplement, 2024, to modify the admissibility of evidence related to past sexual assaults and the procedures for taking depositions of certain witnesses. Specifically, it introduces new provisions that allow evidence of a victim's past sexual behavior or assaults to be admissible under certain conditions, such as in criminal cases where it can establish a pattern of behavior relevant to consent. Additionally, it outlines the process for parties intending to introduce such evidence, including the requirement to file a written motion and conduct an in-camera hearing before the evidence can be admitted.
Furthermore, the bill revises the deposition process for witnesses in felony prosecutions, particularly regarding questioning about evidence admissible under the amended section 27-412. It mandates that parties must provide notice of intent to question witnesses about specific evidence, and if objections arise, the court will conduct a sealed in-camera hearing to determine the relevance and admissibility of the testimony. The bill also ensures that sexual assault victims can have an advocate present during depositions, while maintaining the confidentiality of the proceedings. The original sections 27-412 and 29-1917 are repealed as part of this legislative update.
Statutes affected: Introduced: 27-412
Final Reading: 27-412, 29-1917
Slip Law: 27-412, 29-1917