Nebraska § 29-4106 Person subject
to DNA sample; payment of costs

Nebraska Statutes

§ 29-4106 — Person subject to DNA sample; payment of costs

Nebraska § 29-4106

Ch. 29Criminal Procedure

This text of Nebraska § 29-4106 (Person subject to DNA sample; payment of costs) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 29-4106 (2026).

Text

(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.

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(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.

Legislative History

Source: Laws 1997, LB 278, § 6; Laws 2006, LB 385, § 7; Laws 2006, LB 1113, § 32; Laws 2010, LB190, § 5; Laws 2012, LB66, § 1. Annotations: The requirement for a convicted felon to provide a DNA sample pursuant to subdivision (1)(a) of this section exists once the convicted felon begins serving his or her sentence. State v. Weathers, 304 Neb. 402, 935 N.W.2d 185 (2019). This section inherently authorizes the use of reasonable force to collect a DNA sample from a convicted felon. State v. Weathers, 304 Neb. 402, 935 N.W.2d 185 (2019). The retroactive application of subsection (2) of this section leading to the forfeiture of past and future good time for the failure to provide a DNA sample is a violation of the Ex Post Facto Clauses of the U.S. and Nebraska Constitutions. Shepard v. Houston, 289 Neb. 399, 855 N.W.2d 559 (2014).