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					Nebraska State Law – Penalties for Felonies & Misdemeanors 28-105 Felonies; classification of penalties; sentences; where served; eligibility for probation. (1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into nine classes which are distinguished from one another by the following penalties which are authorized upon conviction: Death Life imprisonment without parole Maximum -- life imprisonment; Minimum -- twenty years imprisonment Maximum -- fifty years imprisonment; Mandatory minimum -- five years imprisonment Class ID felony...... Maximum -- fifty years imprisonment; Mandatory minimum -- three years imprisonment Class II felony...... Maximum -- fifty years imprisonment; Minimum -- one year imprisonment Class III felony..... Maximum -- twenty years imprisonment, or twenty-five thousand dollars fine or both; Minimum -- one year imprisonment Class IIIA felony ... Maximum -- five years imprisonment, or ten thousand dollars fine, or both Minimum -- none Class IV felony...... Maximum -- five years imprisonment, or ten thousand dollars fine, or both Minimum – none (2) All sentences of imprisonment for Class IA, IB, IC, ID, II, and III felonies and sentences of one year or more for Class IIIA and IV felonies shall be served in institutions under the jurisdiction of the Department of Correctional Services. Sentences of less than one year shall be served in the county jail except as provided in this subsection. If the department certifies that it has programs and facilities available for persons sentenced to terms of less than one year, the court may order that any sentence of six months or more be served in any institution under the jurisdiction of the department. Any such certification shall be given by the department to the State Court Administrator, who shall forward copies thereof to each judge having jurisdiction to sentence in felony cases. (3) Nothing in this section shall limit the authority granted in sections 29-2221 and 29-2222 to increase sentences for habitual criminals. (4) A person convicted of a felony for which a mandatory minimum sentence is prescribed shall not be eligible for probation. Class I felony........ Class IA felony...... Class IB felony...... Class IC felony......

Source:
Laws 1977, LB 38, § 5; Laws 1989, LB 592, § 1; Laws 1995, LB 371, § 2; Laws 1997, LB 364, § 1; Laws 1998, LB 900, § 1; Laws 1998, LB 1266, § 1; Laws 2002, Third Spec. Sess., LB 1, § 1.

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28-106 Misdemeanors; classification of penalties; sentences; where served. (1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which are distinguished from one another by the following penalties which are authorized upon conviction: Class I misdemeanor...... Maximum -- not more than one year imprisonment, or one thousand dollars fine, or both; Minimum -- none Class II misdemeanor..... Maximum -- six months imprisonment, or one thousand dollars fine, or both; Minimum -- none Class III misdemeanor..... Maximum -- three months imprisonment, or five hundred dollar fine, or both; Minimum -- none Class IIIA misdemeanor...Maximum -- seven days imprisonment, five hundred dollars fine, or both; Minimum -- none Class IV misdemeanor.....Maximum -- no imprisonment, five hundred dollars fine; Minimum -one hundred dollars fine Class V misdemeanor......Maximum -- no imprisonment, one hundred dollars fine; Minimum -none Class W misdemeanor.....Driving while intoxicated – implied consent refusal First conviction -- Maximum -- sixty days imprisonment and five hundred dollars fine; Mandatory minimum -- seven days imprisonment and four hundred dollar fine; Second conviction -- Maximum -- ninety days imprisonment and five hundred dollars fine; Mandatory minimum -- thirty days imprisonment and five hundred dollars fine Third conviction -- Maximum --one year imprisonment and six hundred dollars fine; Mandatory minimum -- ninety days imprisonment and six hundred dollars fine (2) Sentences of imprisonment in misdemeanor cases shall be served in the county jail, except that in the following circumstances the court may, in its discretion, order that such sentences be served in institutions under the jurisdiction of the Department of Correctional Services: (a) If the sentence is for a term of one year upon conviction of a Class I misdemeanor; (b) If the sentence is to be served concurrently or consecutively with a term for conviction of a felony; or (c) If the Department of Correctional Services has certified as provided in section 28-105 as to the availability of facilities and programs for short-term prisoners and the sentence is for a term of six months or more.

Source: Laws 1977, LB 38, § 6; Laws 1982, LB 568, § 1; Laws 1986, LB 153, § 1; Laws 1992, LB 291, § 1; Laws 1998, LB 309, § 1; Laws 2002, LB 82, § 3. Effective date July 20, 2002.

Concordia University Drug and Alcohol Program

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Drug and Alcohol Testing 48-1901 Legislative intent. It is the intent of the Legislature through sections 48-1901 to 48-1910 to help in the treatment and elimination of drug and alcohol use and abuse in the workplace while protecting the employee's rights. Nothing in sections 48-1901 to 48-1910 shall be construed to require employers to conduct drug and alcohol testing of their employees nor shall sections 48-1901 to 48-1910 be determinative of the cases or circumstances under which such tests may be given. Source: Laws 1988, LB 582, § 1. 48-1902 Terms, defined. For purposes of sections 48-1901 to 48-1910, unless the context otherwise requires: (1) Alcohol shall mean any product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, synthetic ethyl alcohol, the four varieties of liquor defined in subdivisions (1) through (4) of section 53-103, alcohol, spirits, wine, and beer, every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer, and alcohol used in the manufacture of denatured alcohol, flavoring extracts, syrups, or medicinal, mechanical, scientific, culinary, and toilet preparations; (2) Breath-testing device shall mean intoxilyzer model 4011AS or other scientific testing equivalent as approved by and operated in accordance with the department rules and regulations; (3) Breath-testing-device operator shall mean a person who has obtained or been issued a permit pursuant to the department rules and regulations; (4) Department shall mean the Department of Health and Human Services Regulation and Licensure; (5) Department rules and regulations shall mean the techniques and methods authorized pursuant to section 60-6,201; (6) Drug shall mean any substance, chemical, or compound as described, defined, or delineated in sections 28-405 and 28-419 or any metabolite or conjugated form thereof, except that any substance, chemical, or compound containing any product as defined in subdivision (1) of this section may also be defined as alcohol; (7) Employee shall mean any person who receives any remuneration, commission, bonus, or other form of wages in return for such person's actions which directly or indirectly benefit an employer; and (8) Employer shall mean the State of Nebraska and its political subdivisions, all other governmental entities, or any individual, association, corporation, or other organization doing business in the State of Nebraska unless it, he, or she employs a total of less than six full-time and part-time employees at any one time. Source: Laws 1988, LB 582, § 2; Laws 1993, LB 370, § 44; Laws 1994, LB 859, § 1;
Concordia University Drug and Alcohol Program Appendix A

Laws 1996, LB 1044, § 276. 48-1903 Test results; use; requirements. Any results of any test performed on the body fluid or breath specimen of an employee, as directed by the employer, to determine the presence of drugs or alcohol shall not be used to deny any continued employment or in any disciplinary or administrative action unless the following requirements are met: (1) A positive finding of drugs by preliminary screening procedures has been subsequently confirmed by gas chromatography-mass spectrometry or other scientific testing technique which has been or may be approved by the department; and (2) A positive finding of alcohol by preliminary screening procedures is subsequently confirmed by either: (a) Gas chromatography with a flame ionization detector or other scientific testing technique which has been or may be approved by the department; or (b) A breath-testing device operated by a breath-testing-device operator. Nothing in this subdivision shall be construed to preclude an employee from immediately requesting further confirmation of any breath-testing results by a blood sample if the employee voluntarily submits to give a blood sample taken by qualified medical personnel in accordance with the rules and regulations adopted and promulgated by the department. If the confirmatory blood test results do not confirm a violation of the employer's work rules, any disciplinary or administrative action shall be rescinded. Except for a confirmatory breath test as provided in subdivision (2)(b) of this section, all confirmatory tests shall be performed by a clinic, hospital, or laboratory which is certified pursuant to the federal Clinical Laboratories Improvement Act of 1967, 42 U.S.C. 263a. Source: Laws 1988, LB 582, § 3; Laws 2000, LB 1115, § 5. 48-1904 Specimens; preservation. Except for breath test specimens as provided in subdivision (2)(b) of section 48-1903, all specimens which result in a finding of drugs or alcohol shall be refrigerated and preserved in a sufficient quantity for retesting for a period of at least one hundred eighty days. Source: Laws 1988, LB 582, § 4.

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48-1905 Specimens; chain of custody. Except for breath test specimens as provided in subdivision (2)(b) of section 48-1903, a written record of the chain of custody of the specimen shall be maintained from the time of the collection of the specimen until the specimen is no longer required. Source: Laws 1988, LB 582, § 5. 48-1906 Test results; release or disclosure; when. The employer or its, his, or her agents shall not release or disclose the test results to the public, except that such results shall be released as required by law or to the employee upon request. Test results may be released to those officers, agents, or employees of the employer who need to know the information for reasons connected with their employment. Source: Laws 1988, LB 582, § 6. 48-1907 Sections, how construed. Nothing in sections 48-1901 to 48-1906 shall be construed to establish any rule, right, or duty not expressly provided for in such sections. Source: Laws 1988, LB 582, § 7. 48-1908 Body fluids; prohibited acts; penalty. (1) It shall be unlawful to provide, acquire, or use body fluids for the purpose of altering the results of any test to determine the presence of drugs or alcohol. (2) Any employee who violates subsection (1) of this section may be subjected to the same discipline as if the employee had refused the directive of the employer to provide a body fluid or breath sample. (3) Any person, including an employee, who violates subsection (1) of this section shall be guilty of a Class I misdemeanor. Source: Laws 1988, LB 582, § 8.

Concordia University Drug and Alcohol Program

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48-1909 Body fluids; tampering; penalty. (1) No person shall tamper with or aid or assist another in tampering with body fluids at any time during or after the collection or analysis of such fluids for the purpose of altering the results of any test to determine the presence of drugs or alcohol. (2) Any employee who violates subsection (1) of this section may be subjected to the same discipline as if the employee had refused the directive of the employer to provide a body fluid or breath sample. (3) Any person, including an employee, who violates subsection (1) of this section shall be guilty of a Class I misdemeanor. Source: Laws 1988, LB 582, § 9. 48-1910 Refusal to submit to test; effect. Any employee who refuses the lawful directive of an employer to provide a body fluid or breath sample as provided in section 48-1903 may be subject to disciplinary or administrative action by the employer, including denial of continued employment. Source: Laws 1988, LB 582, § 10.

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