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LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 28
Introduced by Wayne, 13.
Read first time January 07, 2021
Committee: Judiciary
1 A BILL FOR AN ACT relating to criminal procedure; to amend sections
2 29-2101 and 29-2103, Reissue Revised Statutes of Nebraska; to change
3 provisions relating to motions for a new trial; to provide for
4 applicability; and to repeal the original sections.
5 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 29-2101, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 29-2101 A new trial, after a verdict of conviction, may be granted,
4 on the application of the defendant, for any of the following grounds
5 affecting materially his or her substantial rights:
6 (1) Irregularity in the proceedings of the court, of the prosecuting
7 attorney, or of the witnesses for the state or in any order of the court
8 or abuse of discretion by which the defendant was prevented from having a
9 fair trial;
10 (2) Misconduct misconduct of the jury, of the prosecuting attorney,
11 or of the witnesses for the state;
12 (3) Accident accident or surprise which ordinary prudence could not
13 have guarded against;
14 (4) The the verdict is not sustained by sufficient evidence or is
15 contrary to law;
16 (5) Newly newly discovered evidence material for the defendant which
17 he or she could not with reasonable diligence have discovered and
18 produced at the trial. For purposes of this subdivision, newly discovered
19 evidence includes testimony or evidence from a witness who previously
20 asserted a testimonial or constitutional privilege and refused to testify
21 or produce evidence in a prior proceeding;
22 (6) Newly newly discovered exculpatory DNA or similar forensic
23 testing evidence obtained under the DNA Testing Act; or
24 (7) Error error of law occurring at the trial.
25 The changes made to this section by this legislative bill shall
26 apply to all persons, otherwise eligible in accordance with the
27 provisions of this section, whether convicted prior to, on, or subsequent
28 to the effective date of this act.
29 Sec. 2. Section 29-2103, Reissue Revised Statutes of Nebraska, is
30 amended to read:
31 29-2103 (1) A motion for new trial shall be made by written
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1 application and may be filed either during or after the term of the court
2 at which the verdict was rendered.
3 (2) A motion for a new trial shall state the grounds under section
4 29-2101 which are the basis for the motion and shall be supported by
5 evidence as provided in section 29-2102.
6 (3) A motion for new trial based on the grounds set forth in
7 subdivision (1), (2), (3), (4), or (7) of section 29-2101 shall be filed
8 within ten days after the verdict was rendered unless such filing is
9 unavoidably prevented, and the grounds for such motion may be stated by
10 directly incorporating the appropriate language of section 29-2101
11 without further particularity.
12 (4) A motion for new trial based on the grounds set forth in
13 subdivision (5) of section 29-2101 shall be filed within a reasonable
14 time after the discovery of the new evidence and cannot be filed more
15 than five years after the date of the verdict, unless the motion and
16 supporting documents show the new evidence could not with reasonable
17 diligence have been discovered and produced at trial and such evidence is
18 so substantial that a different result may have occurred.
19 (5) A motion for new trial based on the grounds set forth in
20 subdivision (6) of section 29-2101 shall be filed within ninety days
21 after a final order is issued under section 29-4123 or within ninety days
22 after the hearing if no final order is entered, whichever occurs first.
23 (6) The changes made to this section by this legislative bill shall
24 apply to all persons, otherwise eligible in accordance with the
25 provisions of this section, whether convicted prior to, on, or subsequent
26 to the effective date of this act.
27 Sec. 3. Original sections 29-2101 and 29-2103, Reissue Revised
28 Statutes of Nebraska, are repealed.
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Statutes affected:
Introduced: 29-2101, 29-2103