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                          LEGISLATURE OF NEBRASKA
                      ONE HUNDRED NINTH LEGISLATURE
                              SECOND SESSION
                   LEGISLATIVE BILL 961
   Introduced by McKinney, 11.
   Read first time January 12, 2026
   Committee: Judiciary
1    A BILL FOR AN ACT relating to criminal justice; to amend sections 29-2264
2and 29-3005, Revised Statutes Cumulative Supplement, 2024; to adopt
3the Collateral Sanction Relief Act; to change provisions relating to
4set asides; to harmonize provisions; and to repeal the original
5sections.
6   Be it enacted by the people of the State of Nebraska,
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1Section 1.  Sections 1 to 14 of this act shall be known and may be
2    cited as the Collateral Sanction Relief Act.
3Sec. 2.       For purposes of the Collateral Sanction Relief Act:
4(1) Certificate of qualification for employment means a certificate
5    issued under the Collateral Sanction Relief Act;
6(2)(a)        Collateral      sanction      means       a     penalty,    disability,  or
7   disadvantage that relates to employment or occupational regulation, that
8    arises   as    a     result    of   a   conviction,     and       that    applies   because    of   a
9    statute, rule, or regulation.
10(b) Collateral sanction does not include imprisonment, probation,
11    parole, post-release supervision, forfeiture, restitution, or assessment
12    of a fine or court costs;
13(3) Completion of a sentence means completion of any and all periods
14    of    imprisonment,  probation,    parole,       and       post-release      supervision;
15    satisfaction of any fine, court costs, and restitution; and satisfaction
16    of any other aspect of a sentence for an offense;
17(4) Conviction or convicted includes a plea or verdict of guilty or
18    a    conviction       following     a   plea    of     nolo       contendere    and   includes      a
19    conviction of any felony or misdemeanor;
20(5) Decisionmaker includes, but is not limited to, any occupational
21    board, department, state agency, board, commission, or instrumentality
22    established by the law of this state for the exercise of any function of
23    government;        political     subdivision;        public       educational   institution;        or
24    contractor or subcontractor made subject to the act by contract, law, or
25    ordinance;
26(6) Discretionary collateral sanction means a collateral sanction
27    imposed by statute, rule, or regulation that permits:
28(a)     Any    occupational       board    or    other       decisionmaker      to   deny     an
29   application  for   a    government      certification,  a    registration,      or    an
30    occupational license due to a conviction or to revoke such certification,
31    registration, or license due to a conviction; or
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1(b)   An    employer       to   refuse    to     employ     an       individual    due    to    a
2   conviction;
3(7) Government certification has the same meaning as in section
4   84-935;
5(8)   Mandatory        collateral    sanction  means     a    collateral       sanction
6   imposed by statute, rule, or regulation that:
7(a)   Requires        an   occupational    board       or   other      entity     to   deny    an
8   application     for   a    government    certification,  a     registration,       or    an
9   occupational license due to a conviction or to revoke such certification,
10   registration, or license due to a conviction; or
11(b) Precludes an employer from employing an individual due to a
12   conviction;
13(9) Occupational board has the same meaning as in section 84-938;
14(10) Occupational regulation has the same meaning as in section
15    84-940;
16(11) Offense means any felony or misdemeanor under the laws of this
17   state; and
18(12) Registration has the same meaning as in section 84-944.
19Sec. 3.      (1) An individual who is subject to a collateral sanction
20   as a result of a conviction may file a petition for a certificate of
21   qualification for employment as provided in this section.
22(2) The petition shall be filed in a form and manner prescribed by
23    the State Court Administrator. The petition shall be filed in the county
24    court or district court in which the conviction was entered. There shall
25    be no fee charged for filing such petition.
26(3) The petition shall contain the following information:
27(a)   The    petitioner's       name,     date    of    birth,        and   social     security
28    number;
29(b) All aliases of the petitioner and all social security numbers
30   associated with those aliases;
31(c) The petitioner's residence address, including the city, county,
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1    and state of residence and zip code;
2(d)    The    length       of    time      that    the    petitioner       has    resided       in   the
3    petitioner's current state of residence, expressed in years and months of
4    residence;
5(e) A general statement as to why the petitioner has filed the
6    petition and how the certificate would assist the petitioner;
7(f) A summary of the petitioner's employment history, specifying the
8    name of, and dates of employment with, each employer;
9(g) Verifiable references and endorsements;
10(h)    The    name     of       one   or    more       immediate     family      members    of       the
11    petitioner,        or    other    persons  with       whom   the   petitioner      has     a    close
12    relationship, who support the petition;
13(i) A summary of the reason the petitioner believes the certificate
14    should be granted; and
15(j)     Any        other        information        prescribed  by    the     State        Court
16    Administrator.
17Sec. 4.       An individual may file a petition under section 3 of this
18    act   upon    completion  of     sentence.        A    petition     may   be    filed    prior       to
19    completion of sentence if the petitioner attaches to the petition a
20    letter in support of the petition from his or her probation officer or
21    parole officer.
22Sec. 5.       (1)(a) Upon receipt of a petition under section 3 of this
23    act, the court shall review the petition to determine if it is complete.
24(b) If the petition is not complete, the court shall notify the
25    petitioner.        The    petitioner  may   submit  a   completed      petition       within
26    fourteen days after the notification. If the petitioner does not submit a
27    completed petition within such deadline, the petition shall be dismissed
28    without prejudice.
29(c) If the petition is complete, the court shall proceed as provided
30   in subsections (2) through (4) of this section.
31(2) Upon receipt of a complete petition, the court shall:
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1(a)   Determine   whether   the    petitioner   has   been   convicted   of   an
2   offense by any other court in this state;
3(b) Notify any court identified under subdivision (2)(a) of this
4   section that such court may submit comments regarding the petition;
5(c) Notify the county attorney; and
6(d) Notify any known victims of the offense or offenses underlying
7   the petition.
8(3) The county attorney, any victim of an offense of the petitioner,
9   and any court notified under subdivision (2)(a) of this section may
10    submit materials in support of or opposition to the petition. Any such
11   materials shall be submitted no later than thirty days after the date of
12    filing of a complete petition. Such period may be extended upon request
13    by the petitioner for good cause shown.
14(4) Following expiration of the period in subsection (3) of this
15   section, the court may grant a petition without a hearing but shall not
16   deny a petition without giving the petitioner notice and an opportunity
17    for a hearing. Such hearing shall be scheduled for no later than thirty
18    days after expiration of the period described in subsection (3) of this
19    section. If a hearing is scheduled, the county attorney and each victim
20    notified under subsection (2) of this section shall be given notice of
21   the hearing. The petitioner, county attorney, and any victim of the
22   petitioner may appear and present evidence regarding the petition.
23Sec. 6.     (1) A court shall only grant a petition if the court finds
24    that the petitioner has not been convicted of an offense or charged with
25    an offense during the following periods:
26(a) If the individual has already received a set aside under section
27   29-2264 or is filing the petition for a certificate of qualification at
28   the same time as a petition for a set aside, the period of six months
29   preceding the date the petition would be granted; or
30(b) If subdivision (1)(a) of this section does not apply:
31(i) The period of three years preceding the date the petition would
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1    be granted for a conviction involving one or more felonies; or
2(ii) The period of two years preceding the date the petition would
3    be granted for a conviction involving one or more misdemeanors and no
4    felonies.
5(2)     In       addition    to   the     requirements     of       subsection    (1)   of      this
6    section,    the       court     may   grant    a    petition   if       the   court   finds,     by   a
7    preponderance of the evidence, that granting the petition:
8(a) Will materially assist the petitioner in obtaining employment,
9    housing,        or    a    government  certification,        a     registration,        or     an
10    occupational license; and
11(b) Would not pose an unreasonable risk to the safety of the public
12    or any individual.
13(3) In deciding whether to grant or deny a petition, the court shall
14    consider:
15(a) The petition;
16(b) Any materials submitted or evidence received at a hearing under
17    section 5 of this act;
18(c) Any presentence investigation report regarding the petitioner;
19(d) The petitioner's criminal history and rehabilitation efforts,
20    including completion of educational or vocational programs, community
21    involvement, and compliance with probation, parole, or other supervision;
22(e) The age and circumstances of the petitioner at the time of the
23    offense;
24(f) Evidence of lawful behavior since completion of sentence; and
25(g) The petitioner's employment history and prospects.
26(4) The court may order a presentence investigation report to be
27    prepared or updated to assist in determining whether to grant or deny a
28    petition.
29(5) The Department of Correctional Services and the Board of Parole
30    shall    cooperate        with   courts,      the    State   Court      Administrator,      and      the
31    Office     of    Probation       Administration        in    carrying  out   the   Collateral
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1   Sanction Relief Act. The department and the board shall provide courts or
2   the office with any information regarding a petitioner that is relevant
3   to a petition and requested by a court or the office.
4(6) The court shall issue a written decision granting or denying the
5   petition within thirty days after a hearing under section 5 of this act
6    or, if no hearing was held, within thirty days after expiration of the
7    period described in subsection (3) of section 5 of this act.
8Sec. 7.      (1) There is a rebuttable presumption that a petition for a
9   certificate of qualification or employment shall be granted if:
10(a) The conviction does not involve any Class I, IA, IB, IC, ID, or
11    II felony; and
12(b) The petitioner has not been convicted of an offense or charged
13   with an offense during the following periods:
14(i) If the individual has already received a set aside under section
15    29-2264 or the court will grant a petition for a set aside at the same
16    proceeding, the period of one year preceding the date the petition would
17    be granted; or
18(ii) If subdivision (1)(b)(i) of this section does not apply:
19(A) The period of five years preceding the date the petition would
20   be granted for a conviction involving one or more felonies; or
21(B) The period of three years preceding the date the petition would
22    be granted for a conviction involving one or more misdemeanors and no
23    felonies.
24(2) A petition that satisfies subsection (1) of this section shall
25   be denied only if:
26(a)    The   court   finds   by   clear   and   convincing   evidence   that   the
27   petitioner has not been rehabilitated or that granting the petition would
28   pose an unreasonable risk to the safety of the public or any individual;
29   or
30(b) If the petition is a subsequent petition, it does not satisfy
31    any condition set for a subsequent petition under section 8 of this act.
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1Sec. 8.      (1) If a court denies a petition, the court shall set forth
2    its   decision        in     writing.       As   part      of     a    denial,  the    court    may    place
3    conditions       on     the  petitioner       regarding  the       filing       of   a   subsequent
4    petition relating to the same conviction.
5(2)   If    a     court  grants     a    petition,  the    court       shall    issue      the
6    petitioner a certificate of qualification for employment. The certificate
7    shall be in a form prescribed by the State Court Administrator.
8(3) An order granting or denying a petition is a final, appealable
9    order for purposes of section 25-1902.
10Sec. 9.      (1) A certificate of qualification for employment lifts the
11    automatic    bar        of      a    collateral        sanction,  and    a     decisionmaker  shall
12    determine on a case-by-case basis whether to grant or deny the issuance
13    or    restoration  of        any   government  certification,  registration,  or
14    occupational license or whether to hire an individual for employment. In
15    making such determination, the decisionmaker shall not reconsider or
16    reject any finding made by the court in granting the petition.
17(2) The certificate constitutes a rebuttable presumption that any
18    criminal    conviction  that   is    the       subject  of    the    certificate       is      not
19    sufficient evidence that the individual is unfit for employment or any
20    government       certification,  registration,  or    occupational  license.    This
21    presumption       may      be       rebutted     if    the       decisionmaker  determines,        on    an
22    individualized basis, that the individual is unfit.
23(3) For an individual with a certificate, a decisionmaker shall
24    treat   a   mandatory  collateral  sanction  as   a     discretionary  collateral
25    sanction.
26Sec. 10.  (1) In a judicial or administrative proceeding alleging
27    negligence or other fault, a certificate of qualification for employment
28    may be introduced as evidence of a person's due care in any of the
29    following if the person knew of such certificate at the time of the
30    alleged negligence or other fault:
31(a)    Granting  or     restoring  a        government  certification,  a
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1   registration, or an occupational license to the individual holding the
2   certificate; or
3(b) Hiring, retaining, leasing to, admitting to a school or program,
4   or   otherwise       transacting    business      or    engaging      in      activity     with      such
5   individual.
6(2) In any civil action against an employer for negligent hiring of
7   the individual holding a certificate of qualification for employment,
8   such    certificate      shall    provide     immunity      for    the     employer        as   to     the
9    negligent hiring claim if the employer knew of the certificate at the
10    time of the alleged negligence.
11(3) In a civil action against an employer alleging negligence in
12   retaining      the    employment    of   an    individual  holding       a    certificate        of
13   qualification for employment who, subsequent to being hired, demonstrates
14   dangerousness or is convicted of a felony, the employer shall be immune
15   as     to    such    negligent     retention      claim     unless       it     is    proved      by     a
16   preponderance of the evidence that:
17(a) The person with responsibility for retaining such individual or
18    terminating such individual's employment had actual knowledge of such
19    demonstration of dangerousness or conviction; and
20(b)    Such    person   willfully      retained       or   failed       to    terminate  the
21    employment of such individual.
22Sec. 11.      (1) A certificate of qualification for employment shall be
23   revoked if the individual holding the certificate is convicted of a
24   felony.      The    certificate    shall    only       be   revoked      upon       such   conviction
25   becoming final.
26(2) The Office of Probation Administration shall periodically review
27   the certificates listed in the database described in section 12 of this
28    act to identify certificates that are subject to revocation under this
29    section. Upon identifying a certificate of qualification for employment
30   that is subject to revocation, the office shall note in the database that
31   the certificate has been revoked, the reason for revocation, and the
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1    effective date of revocation. The office shall notify the individual that
2    such certificate has been revoked. Notification shall be given in a form
3    and manner prescribed by the office.
4Sec. 12.  The Office of Probation Administration shall maintain a
5    database to track certificates of qualification for employment that have
6    been granted and revoked. Such database shall also track information
7    regarding    the      industries,    occupations,  and        professions     for     which
8    certificates are used. The office shall annually create a report that
9    summarizes the information maintained in the database and shall publish
10    such report on its public Internet website no later than December 31 of
11    each year.
12Sec. 13.        A certificate of qualification for employment shall not:
13(1) Preclude use of the conviction as evidence of commission of the
14    offense for purposes of determining whether an application filed or a
15    license   issued     under   sections     71-1901    to   71-1906.01,        the     Child    Care
16    Licensing    Act,     or   the   Children's      Residential  Facilities    and     Placing
17    Licensure Act, or a certificate issued under sections 79-806 to 79-815
18    should be denied, suspended, or revoked;
19(2) Preclude use of the conviction as evidence of serious misconduct
20    or final conviction of or pleading guilty or nolo contendere to a felony
21    or misdemeanor for purposes of determining whether an application filed
22    or a certificate issued under sections 81-1401 to 81-1414.19 should be
23    denied, suspended, or revoked;
24(3)     Relieve    a   person   who   is     convicted      of    an   offense    for    which
25    registration is required under the Sex Offender Registration Act of the
26    duty to register and to comply with the terms of such act;
27(4) Preclude use of the conviction for purposes of section 28-1206;
28(5) Affect the right of a victim of a crime to prosecute or defend a
29    civil action;
30(6) Affect the assessment or accumulation of points under section
31    60-4,182; or
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1(7) Affect eligibility for, or obligations relating to, a commercial
2   driver's license as defined in section 60-464.
3Sec. 14.    The State Court Administrator and the Office of Probation
4   Administration may adopt and promulgate rules and regulations to carry
5   out the Collateral Sanction Relief Act.
6Sec. 15. Section 29-2264, Revised Statutes Cumulative Supplement,
7    2024, is amended to read:
829-2264 (1) Whenever any person is placed on probation by a court
9   and satisfactorily completes the conditions of his or her probation for
10    the   entire     period   or   is   discharged    from    probation   prior    to    the
11   termination of the period of probation, the sentencing court shall issue
12   an order releasing the offender from probation. Such order in all felony
13    cases shall provide notice that the person's voting rights are restored
14    upon completion of probation. The order shall include information on
15   restoring   other    civil     rights   through   the    pardon   process,    including
16   application to and hearing by the Board of Pardons.
17(2) Whenever any person is convicted of an offense and is placed on
18    probation by the court, is sentenced to a fine only, or is sentenced to
19    community service, he or she may, after satisfactory fulfillment of the
20   conditions of probation for the entire period or after discharge from
21   probation prior to the termination of the period of probation and after
22   payment of any fine and completion of any community service, petition the
23   sentencing court to set aside the conviction.
24(3)(a) Except as provided in subdivision (3)(b) of this section,
25   whenever any person is convicted of an offense and is sentenced other
26   than as provided in subsection (2) of this section, but is not sentenced
27   to a term of imprisonment of more than one year, such person may, after
28   completion of his or her sentence, petition the sentencing court to set
29   aside the conviction.
30(b) A petition under subdivision (3)(a) of this section shall be
31   denied if filed:
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1(i) By any person with a criminal charge pending in any court in the
2   United States or in any other country;
3(ii) During any period in which the person is required to register
4    under the Sex Offender Registration Act;
5(iii) For any misdemeanor or felony motor vehicle offense under
6    section 28-306 or the Nebraska Rules of the Road; or
7(iv) Within two years after a denial of a petition to set aside a
8    conviction under this subsection.
9(4) In determining whether to set aside the conviction, the court
10    shall consider:
11(a) The behavior of the offender after sentencing;
12(b) The likelihood that the offender will not engage in further
13    criminal activity; and
14(c) The petitioner's criminal history and rehabilitation efforts,
15    including completion of educational or vocational programs, community
16    involvement, and compliance with probation, parole, or other supervision;
17(d) The age and circumstances of the petitioner at the time of the
18    offense;
19(e) Evidence of lawful behavior since completion of the petitioner's
20    sentence;
21(f) The petitioner's employment history and prospects; and
22(g) (c) Any other information the court considers relevant.
23(5)(a) There is a rebuttable presumption that a petition for a set
24    aside shall be granted if:
25(i) The conviction does not involve any Class I, IA, IB, IC, ID, or
26    II felony; and
27(ii) The petitioner has not been convicted of an offense or charged
28    with an offense during the following periods:
29(A) The period of five years preceding the date the petition would
30    be granted for a conviction involving one or more felonies; or
31(B) The period of three years preceding the date the petition would
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1   be granted for a conviction involving one or more misdemeanors and no
2   felonies.
3(b) A petition that satisfies subdivision (5)(a) of this section
4    shall be denied only if the court finds by clear and convincing evidence
5    that the petitioner has not been rehabilitated or that granting the
6    petition would pose an unreasonable risk to the safety of the public or
7    any individual.
8(6) (5) The court may grant the offender's petition and issue an
9   order setting aside the conviction when in the opinion of the court the
10    order will be in the best interest of the offender and consistent with
11    the public welfare. The order shall:
12(a) Nullify the conviction;
13(b) Remove all civil disabilities and disqualifications imposed as a
14    result of the conviction; and
15(c)     Notify     the   offender       that    he    or   she    should     consult   with   an
16   attorney regarding the effect of the order, if any, on the offender's
17   ability to possess a firearm under state or federal law.
18(7) (6) The setting aside of a conviction in accordance with the
19    Nebraska Probation Administration Act shall not:
20(a) Require the reinstatement of any office, employment, or position
21    which was previously held and lost or forfeited as a result of the
22    conviction;
23(b)     Preclude     proof   of     a    plea    of    guilty      whenever    such    plea   is
24    relevant    to   the    determination        of     an    issue      involving    the   rights    or
25    liabilities of someone other than the offender;
26(c) Preclude proof of the conviction as evidence of the commission
27    of the offense whenever the fact of its commission is relevant for the
28    purpose of impeaching the offender as a witness, except that the order
29    setting aside the conviction may be introduced in evidence;
30(d) Preclude use of the conviction for the purpose of determining
31    sentence on any subsequent conviction of a criminal offense;
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1(e)     Preclude       the    proof      of    the   conviction     as    evidence     of    the
2    commission of the offense in the event an offender is charged with a
3    subsequent offense and the penalty provided by law is increased if the
4    prior conviction is proved;
5(f) Preclude the proof of the conviction to determine whether an
6   offender    is   eligible        to   have    a    subsequent    conviction      set     aside   in
7   accordance with the Nebraska Probation Administration Act;
8(g) Preclude use of the conviction as evidence of commission of the
9    offense for purposes of determining whether an application filed or a
10    license    issued   under        sections     71-1901     to   71-1906.01,     the     Child    Care
11    Licensing    Act,     or   the     Children's       Residential       Facilities     and   Placing
12   Licensure Act or a certificate issued under sections 79-806 to 79-815
13   should be denied, suspended, or revoked;
14(h) Preclude use of the conviction as evidence of serious misconduct
15    or final conviction of or pleading guilty or nolo contendere to a felony
16    or misdemeanor for purposes of determining whether an application filed
17    or a certificate issued under sections 81-1401 to 81-1414.19 should be
18    denied, suspended, or revoked;
19(i) Preclude proof of the conviction as evidence whenever the fact
20    of the conviction is relevant to a determination of the registration
21    period under section 29-4005;
22(j)     Relieve    a    person     who    is    convicted    of    an    offense    for    which
23    registration is required under the Sex Offender Registration Act of the
24    duty to register and to comply with the terms of the act;
25(k) Preclude use of the conviction for purposes of section 28-1206;
26(l) Affect the right of a victim of a crime to prosecute or defend a
27    civil action;
28(m) Affect the assessment or accumulation of points under section
29    60-4,182; or
30(n) Affect eligibility for, or obligations relating to, a commercial
31    driver's license.
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1(8) (7) For purposes of this section, offense means any violation of
2    the criminal laws of this state or any political subdivision of this
3    state including, but not limited to, any felony, misdemeanor, infraction,
4    traffic    infraction,    violation      of     a    city   or    village     ordinance,    or
5    violation of a county resolution.
6(9) (8) Except as otherwise provided for the notice in subsection
7    (1) of this section, changes made to this section by Laws 2005, LB 713,
8    shall be retroactive in application and shall apply to all persons,
9    otherwise eligible in accordance with the provisions of this section,
10    whether convicted prior to, on, or subsequent to September 4, 2005.
11(10) (9) The changes made to this section by Laws 2018, LB146, and
12    Laws 2020, LB881, and this legislative bill shall apply to all persons
13    otherwise eligible under this section, without regard to the date of the
14    conviction sought to be set aside.
15Sec. 16. Section 29-3005, Revised Statutes Cumulative Supplement,
16    2024, is amended to read:
1729-3005 (1) For purposes of this section:
18(a) Prostitution-related offense includes:
19(i) Prostitution under section 28-801, solicitation of prostitution
20    under section 28-801.01, keeping a place of prostitution under section
21    28-804,   public    indecency    under    section      28-806,     or    loitering   for   the
22    purpose of engaging in prostitution or related or similar offenses under
23    local ordinances; and
24(ii)    Attempt,     conspiracy,      solicitation,  being   an   accessory    to,
25    aiding and abetting, aiding the consummation of, or compounding a felony
26    with any of the offenses in subdivision (1)(a) of this section as the
27    underlying offense;
28(b) Trafficker means a person who engages in sex trafficking or sex
29    trafficking of a minor as defined in section 28-830; and
30(c)    Victim   of   sex    trafficking  means   a   person   subjected   to    sex
31    trafficking or sex trafficking of a minor, as those terms are defined in
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1    section 28-830.
2(2) At any time following the completion of sentence or disposition,
3   a victim of sex trafficking convicted in county or district court of, or
4   adjudicated in a juvenile court for, (a) a prostitution-related offense
5    committed while the movant was a victim of sex trafficking or proximately
6   caused by the movant's status as a victim of sex trafficking or (b) any
7   other offense committed as a direct result of, or proximately caused by,
8   the movant's status as a victim of sex trafficking, may file a motion to
9   set aside such conviction or adjudication. The motion shall be filed in
10    the county, district, or separate juvenile court of the county in which
11    the movant was convicted or adjudicated.
12(3)(a) If the court finds that the movant was a victim of sex
13    trafficking at the time of the prostitution-related offense or finds that
14    the   movant's    participation     in    the    prostitution-related       offense      was
15    proximately caused by the movant's status as a victim of sex trafficking,
16    the   court   shall   grant   the   motion      to   set   aside   a   conviction   or   an
17    adjudication for such prostitution-related offense.
18(b) If the court finds that the movant's participation in an offense
19    other than a prostitution-related offense was a direct result of or
20    proximately caused by the movant's status as a victim of sex trafficking,
21    the   court   shall   grant   the   motion      to   set   aside   a   conviction   or   an
22    adjudication for such offense.
23(4) Official documentation of a movant's status as a victim of sex
24    trafficking at the time of the prostitution-related offense or other
25    offense shall create a rebuttable presumption that the movant was a
26    victim of sex trafficking at the time of the prostitution-related offense
27    or other offense. Such official documentation shall not be required to
28    obtain relief under this section. Such official documentation includes:
29(a) A copy of an official record, certification, or eligibility
30    letter from a federal, state, tribal, or local proceeding, including an
31   approval notice or an enforcement certification generated from a federal
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1   immigration proceeding, that shows that the movant is a victim of sex
2   trafficking; or
3(b) An affidavit or sworn testimony from an attorney, a member of
4    the clergy, a medical professional, a trained professional staff member
5   of a victim services organization, or other professional from whom the
6    movant has sought legal counsel or other assistance in addressing the
7    trauma associated with being a victim of sex trafficking.
8(5)    In   considering  whether    the   movant    is    a    victim   of    sex
9    trafficking,    the    court    may    consider      any   other    evidence    the     court
10    determines is of sufficient credibility and probative value, including an
11    affidavit or sworn testimony. Examples of such evidence include, but are
12    not limited to:
13(a) Branding or other tattoos on the movant that identified him or
14    her as having a trafficker;
15(b) Testimony or affidavits from those with firsthand knowledge of
16    the movant's involvement in the commercial sex trade such as solicitors
17    of commercial sex, family members, hotel workers, and other individuals
18    trafficked by the same individual or group of individuals who trafficked
19    the movant;
20(c) Financial records showing profits from the commercial sex trade,
21    such as records of hotel stays, employment at indoor venues such as
22    massage parlors, bottle clubs, or strip clubs, or employment at an escort
23    service;
24(d) Internet listings, print advertisements, or business cards used
25    to promote the movant for commercial sex; or
26(e)    Email,     text,    or   voicemail    records    between      the   movant,   the
27   trafficker, or solicitors of sex that reveal aspects of the sex trade
28   such as behavior patterns, meeting times, or payments or examples of the
29   trafficker exerting force, fraud, or coercion over the movant.
30(6) Upon request of a movant, any hearing relating to the motion
31    shall be conducted in camera. The rules of evidence shall not apply at
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1    any hearing relating to the motion.
2(7) An order setting aside a conviction or an adjudication under
3    this section shall have the same effect as an order setting aside a
4    conviction as provided in subsections (6) (5) and (7) (6) of section
5    29-2264.
6Sec. 17.   Original sections 29-2264 and 29-3005, Revised Statutes
7    Cumulative Supplement, 2024, are repealed.
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