(1) A person who
is convicted of a felony offense or other specified offense on or after July
15, 2010, who does not have a DNA sample available for use in the State DNA
Sample Bank, shall, at his or her own expense, have a DNA sample collected:
(a) Upon intake to a prison, jail, or other detention facility
or institution to which such person is sentenced. If the person is already
confined at the time of sentencing, the person shall have a DNA sample collected
immediately after the sentencing. Such DNA sample shall be collected
at the place of incarceration or confinement. Such person shall not be released
unless and until a DNA sample has been collected; or
(b) As a condition for any sentence which will not involve
an intake into a prison, jail, or other detention facility or institution.
Such DNA samples shall be collected
as follows:
(i) In any
county containing a city of the metropolitan class, a person placed on probation
or who received a penalty of a fine or time served shall have such DNA sample
collected by a probation officer at a probation office. Such person shall
not be released unless and until a DNA sample has been collected; and
(ii) In all other counties, a person placed
on probation shall have such DNA sample collected by a probation officer at
a probation office, and a person not placed on probation who receives a penalty
of a fine or time served shall have such DNA sample collected by
the county sheriff. Such person shall not be released unless and
until a DNA sample has been collected.
(2) A person who has been convicted of a felony offense or
other specified offense before July 15, 2010, who does not have a DNA sample
available for use in the State DNA Sample Bank, and who is still serving a
term of confinement or probation for such felony offense or other specified
offense on July 15, 2010, shall not be released prior to the expiration of
his or her maximum term of confinement or revocation or discharge from his
or her probation unless and until a DNA sample has been collected.
(3) A person who is serving a term of probation and has a
DNA sample collected pursuant to this section shall pay all costs associated
with the collection of the DNA sample.
(4) If the
court waives the cost of taking a DNA sample for any reason, a county jail
or other county detention facility or institution collecting the DNA sample
shall not be held financially responsible for the cost of the DNA sample kit.
Notes of Decisions
Cited in
6
cases, 2013–2019 · leading case:
State v. Weathers, 304 Neb. 402 (Neb. 2019).
State v. Weathers, 304 Neb. 402 (Neb. 2019).
· cites it 23× “The requirement for a convicted felon to provide a DNA sample pursuant to Neb. Rev. Stat. § 29-4106 (1)(a) (Reissue 2016) exists once the convicted felon begins serving his or her sentence.”
Shepard v. Houston, 289 Neb. 399 (Neb. 2014).
· cites it 49× “Regardless of whether the requirement of a DNA sample is itself considered civil, Neb. Rev. Stat. § 29-4106 (2) (Cum. Supp.”
State v. Reyes, 307 P.3d 35 (Ariz. Ct. App. 2013).
“18k (West 2013); Neb.Rev. Stat. Ann. § 29-4106(3) (West 2013); NJ.”
Gray v. Nebraska Dept. of Corr. Servs. (Neb. Ct. App. 2019).
· cites it 6× “Since 1997, Neb. Rev. Stat. § 29-4106 (2) (Reissue 2016) has provided for retroactive application of the Act to persons convicted before the date of the Act.”
Weathers v. Shaeffer, 255 F. Supp. 3d 921 (D. Neb. 2017).
· cites it 3× “See Neb. Rev. Stat. § 29-4106 (l)(a) (West). The State DNA Sample Bank serves as the repository, of collected DNA samples.”
In re Interest of Nathaniel M. (Neb. 2014).
· cites it 3× “Nebraska Advance Sheets 430 289 NEBRASKA REPORTS In conclusion, we agree with the district court that inso- much as § 29-4106(2) forfeits Shepard’s past and future good time and recalculates his parole eligibility and mandatory discharge dates without regard to any good time, it…”
— Neb. Rev. Stat. § 29-4106(1) — 1 case
Weathers v. Shaeffer, 255 F. Supp. 3d 921 (D. Neb. 2017).
“See Neb. Rev. Stat. § 29-4106 (l)(a) (West). The State DNA Sample Bank serves as the repository, of collected DNA samples.”
— Neb. Rev. Stat. § 29-4106(1)(a) — 1 case
State v. Weathers, 304 Neb. 402 (Neb. 2019).
“The requirement for a convicted felon to provide a DNA sample pursuant to Neb. Rev. Stat. § 29-4106 (1)(a) (Reissue 2016) exists once the convicted felon begins serving his or her sentence.”
— Neb. Rev. Stat. § 29-4106(2) — 3 cases
Shepard v. Houston, 289 Neb. 399 (Neb. 2014).
“Regardless of whether the requirement of a DNA sample is itself considered civil, Neb. Rev. Stat. § 29-4106 (2) (Cum. Supp.”
Gray v. Nebraska Dept. of Corr. Servs. (Neb. Ct. App. 2019).
“Since 1997, Neb. Rev. Stat. § 29-4106 (2) (Reissue 2016) has provided for retroactive application of the Act to persons convicted before the date of the Act.”
In re Interest of Nathaniel M. (Neb. 2014).
“Nebraska Advance Sheets 430 289 NEBRASKA REPORTS In conclusion, we agree with the district court that inso- much as § 29-4106(2) forfeits Shepard’s past and future good time and recalculates his parole eligibility and mandatory discharge dates without regard to any good time, it…”
— Neb. Rev. Stat. § 29-4106(3) — 1 case
State v. Reyes, 307 P.3d 35 (Ariz. Ct. App. 2013).
“18k (West 2013); Neb.Rev. Stat. Ann. § 29-4106(3) (West 2013); NJ.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.