2013 Nebraska Revised Statutes
Chapter 29 - CRIMINAL PROCEDURE
29-2206 - Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator's license.

29-2206. Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator's license.

(1) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law.

(2) Notwithstanding subsection (1) of this section, when any offender demonstrates to the court or magistrate that he or she is unable to pay such fines or costs in one lump sum, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made. When the judgment of conviction provides for the suspension or revocation of a motor vehicle operator's license and the court authorizes the payment of fines or costs by installments, the revocation or suspension shall be effective as of the date of judgment.

(3) As an alternative to a lump-sum payment or as an alternative or in conjunction with installment payments, the court or magistrate may deduct fines or costs from a bond posted by the offender to the extent that such bond is not otherwise encumbered by a valid lien, levy, execution, or assignment to counsel of record or the person who posted the bond.

Source

G.S.1873, c. 58, § 500, p. 833;
R.S.1913, § 9142;
C.S.1922, § 10167;
C.S.1929, § 29-2207;
R.S.1943, § 29-2206;
Laws 1971, LB 1010, § 2;
Laws 1974, LB 966, § 1;
Laws 1979, LB 111, § 1;
Laws 1988, LB 370, § 6;
Laws 2012, LB722, § 1.

Annotations

The court cannot require that a fine be satisfied by applying jail time served without giving the defendant an opportunity to pay the fine. State v. Holloway, 212 Neb. 426, 322 N.W.2d 818 (1982).

Exemption of certain type or class of offense from the imposition of costs is not an unconstitutional classification. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).

This and following section authorize taxation of costs only in cases where a crime has been charged and there has been a conviction. Luther v. State, 85 Neb. 674, 124 N.W. 117 (1909); Speer v. State, 64 Neb. 77, 89 N.W. 624 (1902).