Sexual Predator Residency Restriction Act
§ 29-4015. Act, how cited.
Sections 29-4015 to 29-4017 shall be known and may be cited as the Sexual Predator Residency Restriction Act.
§ 29-4016. Terms, defined.
For purposes of the Sexual Predator Residency Restriction Act:
(1) Child care facility means a facility licensed pursuant to the Child Care Licensing Act;
(2) Political subdivision means a village, a city, a county, a school district, a public power district, or any other unit of local government;
(3) School means a public, private, denominational, or parochial school which meets the requirements for accreditation or approval prescribed in Chapter 79;
(4) Sex offender means an individual who has been convicted of a crime listed in section 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act; and
(5) Sexual predator means an individual who is required to register under the Sex Offender Registration Act, who has a high risk of recidivism as determined by the Nebraska State Patrol under section 29-4013, and who has victimized a person eighteen years of age or younger.
§ 29-4017. Political subdivision restrictions on sex offender residency; requirements.
(1) A political subdivision may enact an ordinance, resolution, or other legal restriction prescribing where sex offenders may reside only if the restrictions are limited to sexual predators, extend no more than five hundred feet from a school or child care facility, and meet the requirements of subsection (2) of this section.
(2) An ordinance, resolution, or other legal restriction enacted by a political subdivision shall not apply to a sexual predator who:
(a) Resides within a prison or a correctional or treatment facility operated by the state or a political subdivision;
(b) Established a residence before July 1, 2006, and has not moved from that residence; or
(c) Established a residence after July 1, 2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator's residence at that location.
(3) Any ordinance, resolution, or other legal restriction prescribing where sex offenders may reside which does not meet the requirements of this section is void, regardless of whether such ordinance, resolution, or legal restriction was adopted prior to, on, or after July 14, 2006.
