This bill amends section 29-1401 of the Reissue Revised Statutes of Nebraska to establish new protocols for grand jury proceedings in cases where a death occurs during the apprehension or custody of law enforcement. It mandates the appointment of a special prosecutor with at least five years of experience in criminal litigation, who will oversee the investigation of such cases. Additionally, the bill requires the formation of a team of three peace officers, with at least two from jurisdictions outside the one where the death occurred, to assist in the investigation. A grand jury must be impaneled within thirty days of the coroner's certification of the death, unless an extension is justified.

Furthermore, the bill stipulates that any law enforcement officer or detention personnel involved in the death must not return to duty until the grand jury has completed its investigation. It also clarifies that a special prosecutor is not required in cases where the death is certified as natural causes, allowing the county attorney to present findings to the grand jury without the need for a separate investigative team. The original section of the statute is repealed to accommodate these changes.

Statutes affected:
Introduced: 29-1401