ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB93
Hearing Date: Thursday January 23, 2025
Committee On: Judiciary
Introducer: Dungan
One Liner: Change provisions relating to discovery of information contained in electronic devices and to
expert witnesses in criminal cases
Roll Call Vote - Final Committee Action:
Advanced to General File with amendment(s)
Vote Results:
Aye: 8 Senators Bosn, DeBoer, Hallstrom, Holdcroft, McKinney, Rountree,
Storer, Storm
Nay:
Absent:
Present Not Voting:
Testimony:
Proponents: Representing:
Senator George Dungan Opening Presenter
Mallory Hughes Nebraska Criminal Defense Attorneys Association
Paul Lembrick Nebraska Criminal Defense Attorneys Association
Opponents: Representing:
Dan Zieg Nebraska County Attorneys Association
Neutral: Representing:
* ADA Accommodation Written Testimony
Summary of purpose and/or changes:
LB93 amends certain criminal procedure statutes relating to discovery and disclosure of evidence.
Section by Section Summary
Section 1: Amends § 29-1912 to require that at any time after the filing of a criminal case for a felony or for which
imprisonment is a possible penalty, the defendant may request that the court order the prosecution to allow the
defendant to inspect the name, qualifications, and a complete statement of the opinions of any expert witness the
prosecution may call. The bill also adds that this section is subject to the continuing duty of disclosure under §
29-1918.
Section 2: Amends § 29-1913 to provide that in any felony prosecution or other prosecution for which imprisonment is
Committee Statement: LB93
Judiciary Committee
Page 1 c319392d0b14aaba07612a24ff43eb84 a possible penalty, when the prosecution’s evidence consists of an electronic communication device, computer, or
digital information, or scientific tests or analyses of such evidence, the court may order that the prosecution make
available to the defendant such evidence as is necessary to present a defense or allow the defendant’s own experts
to conduct like tests or analyses. This section also defines the terms “computer,” “digital information,” and “electronic
communication device.”
Section 3: Amends § 29-1918 to require a party who discovers additional evidence before or during a trial to promptly
disclose the evidence to the other party or the court if the evidence is subject to discovery or inspection under §§
29-1912 to 29-1921 (laws governing discovery of evidence in criminal trials), if the other party previously requested
the evidence, or if the court ordered the production of the evidence.
Section 4: Repealer
Explanation of amendments:
AM 362 is a white copy amendment that strikes section 29-1913 from the bill and reinserts sections 29-1912 and
29-1918. Section 29-1918 remains unchanged from the LB 93 version.
In section 29-1912, the new provision adding the right of the defendant to request inspection of the name,
qualifications, and complete statement of any expert witnesses for the prosecution is struck, but the continuing duty of
disclosure under section 29-1918 remains.
Carolyn Bosn, Chairperson
Committee Statement: LB93
Judiciary Committee
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