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 for this offense are categorized based on the circumstances 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 of an unborn child results from violations of sections 60-6,196 or 60-6,197.06. Additionally, if the defendant has a prior conviction related to these sections, the offense is elevated to a Class II felony. The bill mandates that, upon conviction, the court must impose a driving prohibition for a minimum of sixty days to a maximum of fifteen years, along with revocation of the operator's license for the same duration, 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 The original section 28-394 is repealed as part of this legislative update.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