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 causing the death of an unborn child unintentionally while operating a motor vehicle in violation of state law or local ordinances constitutes motor vehicle homicide of an unborn child. The penalties for this offense 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 violations of sections 60-6,196 or 60-6,197.06, changing the classification from a Class IIIA felony to a Class IIA felony. Additionally, if the defendant has a prior conviction related to these sections, the offense is elevated to a Class II felony. The court is mandated to impose a driving prohibition for a minimum of sixty days to a maximum of fifteen years, along with revoking the operator's license for the same duration, ensuring that the revocation does not run concurrently with any jail term. The bill also clarifies that this offense is treated as a separate and distinct crime from any other offenses committed during the violation.

Statutes affected:
Introduced: 28-394