This bill amends section 28-394 of the Reissue Revised Statutes of Nebraska, which pertains to the Homicide of the Unborn Child Act. The primary focus of the amendment is to change the penalties associated with motor vehicle homicide of an unborn child. Under the revised law, motor vehicle homicide of an unborn child is generally classified as a Class I misdemeanor, but it escalates to a Class IIIA felony if the death is caused by violations of specific motor vehicle laws. Notably, if the death results from violations of sections 60-6,196 or 60-6,197.06, the crime is elevated to a Class IIA felony, and the court is mandated to impose a driving prohibition and license revocation for a period ranging from sixty days to fifteen years.

Additionally, if the defendant has a prior conviction related to the same violations, the offense is classified as a Class II felony, maintaining the same penalties regarding driving restrictions and license revocation. The bill also clarifies that the offense of motor vehicle homicide of an unborn child is treated as a separate and distinct crime from any other offenses that may arise from the same incident. The original section 28-394 is repealed as part of this legislative update.

Statutes affected:
Introduced: 28-394