This bill amends section 28-394 of the Reissue Revised Statutes of Nebraska, specifically addressing the penalties associated with motor vehicle homicide of an unborn child. The bill establishes that a person who unintentionally causes the death of an unborn child while operating a motor vehicle in violation of state law or local ordinances commits motor vehicle homicide of an unborn child. The penalties are categorized based on the nature of the violation, with a Class I misdemeanor for general cases, escalating to a Class IIIA felony for violations of specific sections (60-6,213 or 60-6,214).

Significantly, the bill modifies the classification of penalties for certain violations. It changes the classification from Class IIIA felony to Class IIA felony for cases where the death is caused by violations of sections 60-6,196 or 60-6,197.06, and further escalates to a Class II felony if the defendant has a prior conviction for similar violations. Additionally, the court is mandated to impose a driving prohibition and license revocation for a period of 60 days to 15 years, which will not run concurrently with any jail term. The original section 28-394 is repealed as part of this legislative update.

Statutes affected:
Introduced: 28-394