Nebraska LB 753: Provide for recognition and enforcement of military protective orders under the Protection Orders Act

Bill Text

LEGISLATIVE BILL 753
Approved by the Governor April 14, 2026

Introduced by Rountree, 3; Cavanaugh, J., 9.

A BILL FOR AN ACT relating to the Protection Orders Act; to amend sections
26-101, 26-102, and 26-112, Revised Statutes Supplement, 2025; to provide
duties for peace officers relating to military protective orders; to
provide that such orders shall be admissible in proceedings under the act;
to define a term; to eliminate an unnecessary definition; to harmonize
provisions; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 26-101, Revised Statutes Supplement, 2025, is amended
to read:
26-101 Sections 26-101 to 26-125 and section 4 of this act shall be known
and may be cited as the Protection Orders Act.
Sec. 2. Section 26-102, Revised Statutes Supplement, 2025, is amended to
read:
26-102 For purposes of the Protection Orders Act:
(1) Abuse has the same meaning as in section 42-903;
(2) Course of conduct has the same meaning as in section 28-311.02;
(2) (3) Family or household members has the same meaning as in section
42-903;
(3) (4) Harass has the same meaning as in section 28-311.02;
(4) (5) Household pet means any animal maintained for companionship or
pleasure but does not include any animal kept primarily for commercial purposes
or for consumption or any livestock animal as defined in section 54-902;
(5) (6) Law enforcement agency means the police department or town marshal
in incorporated municipalities, the office of the sheriff in unincorporated
areas, and the Nebraska State Patrol; and
(6) Military protective order has the same meaning as in 32 C.F.R. 635.19,
as such regulation existed on January 1, 2026; and
(7) Sexual assault offense means:
(a) Conduct amounting to sexual assault under section 28-319 or 28-320,
sexual abuse by a school worker under section 28-316.01, sexual assault of a
child under section 28-319.01 or 28-320.01, a violation of section 28-311.08,
or an attempt to commit any of such offenses; or
(b) Subjecting or attempting to subject another person to sexual contact
or sexual penetration without such person's consent, as such terms are defined
in section 28-318.
Sec. 3. Section 26-112, Revised Statutes Supplement, 2025, is amended to
read:
26-112 During any hearing on a protection order: ,
(1) The the petition and affidavit shall be deemed to have been offered
into evidence, and they shall be admitted into evidence unless specifically
excluded by the court; and .
(2) A military protective order may be admitted as evidence of the
respondent's past conduct and the need for a protection order.
Sec. 4. When a peace officer arrests any person who is a member of the
armed forces of the United States, the officer shall determine whether a
military protective order registered in the Federal Bureau of Investigation's
National Crime Information Center database has been issued against such person.
If the peace officer has probable cause to believe that such person has
violated such military protective order, the peace officer shall notify the
appropriate authority that issued such order.
Sec. 5. Original sections 26-101, 26-102, and 26-112, Revised Statutes
Supplement, 2025, are repealed.
LB753
2026
LB753
2026
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