Nebraska

At a glance

Oversight body

No forensic science commission or lab oversight board. “A criminalistics laboratory is hereby established within the Nebraska State Patrol, under the direction of the Superintendent of Law Enforcement and Public Safety” (Neb. Rev. Stat. 81-2010).

Lab accreditation

Yes, by statute, in part. “By October 1, 2003, the laboratory shall have met the requirements for accreditation by the American Society of Crime Laboratory Directors-LAB-Laboratory Accreditation Board or the National Forensic Science Technology Center and have applied for accreditation” (81-2010). That requires meeting the standards and applying; it does not expressly require keeping accreditation. Statewide, “Except as provided under section 81-2010, all forensic DNA tests shall be performed by a laboratory which is accredited by” ASCLD/LAB or a substantially equivalent body (81-1429.03(2)). Post-conviction DNA testing must use an ASCLD/LAB, NFSTC or equivalent accredited lab (29-4120(6)). Whether the State Patrol lab now holds accreditation was not checked.

Analyst licensing

None for forensic analysts. A DUI blood, breath or urine test is valid only if “performed according to methods approved by the Department of Health and Human Services and by an individual possessing a valid permit issued by such department for such purpose” (Neb. Rev. Stat. 60-6,201(3)). The department may charge an annual permit fee (60-6,201(4)).

Admissibility standard

Daubert/Schafersman. The rule is a statute, Neb. Rev. Stat. 27-702, unchanged since 1975. Its official annotations state that “Under the framework set out in Daubert ... and Schafersman v. Agland Coop, 262 Neb. 215, 631 N.W.2d 862 (2001), the proponent of expert testimony must establish by a preponderance of the evidence” the testimony’s validity and fit (27-702). Nebraska has not adopted the 2023 change to Federal Rule 702; LR371 (2026) is an interim study of whether to do so (see pending bills).

Post-conviction forensic relief

No. Under the DNA Testing Act, a person in custody may move “at any time after conviction” to test material that “Was not previously subjected to DNA testing or can be subjected to retesting with more current DNA techniques that provide a reasonable likelihood of more accurate and probative results” (29-4120(1)(c)). A new trial may rest on “newly discovered exculpatory DNA or similar forensic testing evidence obtained under the DNA Testing Act” (29-2101(6)). No statute addresses new or changed forensic science generally. A 2025 bill that would have, LB448, was not enacted.

DNA database scope

Conviction-based; no arrestee collection. Samples come from people convicted of a felony or an “other specified offense” on or after July 15, 2010 who have none on file, and from those still serving a sentence on that date (29-4106). Since LB935 (2026), an other specified offense is second-degree false imprisonment, or an attempt, conspiracy or solicitation to commit first- or second-degree false imprisonment, knowing and intentional sexual abuse of a vulnerable or senior adult, or a Sex Offender Registration Act violation (29-4103(7)). Without probable cause, a court order, or voluntary consent with a signed written advisory, no investigative DNA sample may be taken, and a sample taken in violation “is not admissible in any proceeding for any purpose whatsoever” (29-4126).

Facial recognition

No statute located. A full statute keyword search was not possible because the Legislature’s site was down. The 2026 Legislative Journal shows only commercial biometric bills, LB204 and LB729, and neither was enacted.

Changes, 2023 to 2026

• Jul 18, 2026

  Stalking made a felony; misdemeanor stalking dropped from the DNA “other specified offense” list

  LB935 (2026), secs. 18 and 33, Neb. Rev. Stat. 28-311.04, 29-4103Approved April 14, 2026; operative July 18, 2026 (computed: sec. 45 makes these sections operative three calendar months after the April 17, 2026 adjournment)

  28-311.04 now reads “A violation of section 28-311.03 is a Class IIIA felony.” The prior grading scheme, last amended in 2025, was not compared. 29-4103(7) drops misdemeanor stalking, and attempt, conspiracy or solicitation to commit stalking, from the other specified offense list. Stalking convictions now require a DNA sample as felonies under 29-4106. Attempted stalking is a Class IV felony (28-201(4)(d)), so it also still requires a sample. The grading of conspiracy and solicitation to stalk was not checked. LB935 is an omnibus Judiciary Committee act. The operative date could not be confirmed on a live statute page.

  For practitioners: For offenses after July 18, 2026, stalking is a felony and a conviction requires a DNA sample.

  LB935 slip law (archived) Neb. Rev. Stat. 28-201 (archived) 2026 Legislative Journal (archived)

• Jul 19, 2024

  Sexual assault evidence: notice to the victim before destruction, 20-year extension on request, written retention policies

  LB870 (2024), sec. 1, Neb. Rev. Stat. 29-4313Approved April 15, 2024; operative July 19, 2024 (computed: no emergency clause; three calendar months after the April 18, 2024 adjournment, Neb. Const. art. III, sec. 27)

  Except for anonymously provided evidence, “no later than sixty days before expiration of the retention period,” the law enforcement agency must notify the victim of any intended destruction or disposal of sexual assault forensic evidence. “Upon request by the victim, the law enforcement agency shall preserve the sexual assault forensic evidence for an additional twenty years” (29-4313(3)(b)). Each agency storing such evidence must have a written policy on retention periods and notice methods (29-4313(3)(c)).

  For practitioners: If kit evidence was destroyed after July 2024, ask for proof that the victim got 60 days’ notice, and for the agency’s written policy.

  LB870 slip law (archived) Neb. Rev. Stat. 29-4313 (archived)

• Sep 2, 2023

  Rule 902 amended: certified business records, machine-generated records and device data self-authenticate

  LB50 (2023), sec. 4, Neb. Rev. Stat. 27-902Approved June 6, 2023; operative September 2, 2023 (computed: no emergency clause or operative-date provision for sec. 4; three calendar months after the June 1, 2023 adjournment, Neb. Const. art. III, sec. 27)

  27-902 now covers: (11) certified domestic business records, with advance written notice; (12) certified foreign records in civil cases; (13) “A record generated by an electronic process or system that produces an accurate result, as shown by a certification of a qualified person”; and (14) “Data copied from an electronic device, storage medium, or file, if authenticated by a process of digital identification, as shown by a certification of a qualified person.” Items (13) and (14) need the same advance notice. LB50 is an omnibus criminal justice act. The change covers authentication only; reliability is still a 27-702 question.

  For practitioners: A phone extraction or machine output can come in on a certificate. Use the notice period to ask for the hash values and the extraction method, and raise reliability under 27-702.

  LB50 slip law (archived) Neb. Rev. Stat. 27-902 (archived)

Pending bills

Checked and unchanged