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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 143
Introduced by Hughes, 44.
Read first time January 11, 2019
Committee: Judiciary
1 A BILL FOR AN ACT relating to crimes and offenses; to amend section
2 28-101, Revised Statutes Cumulative Supplement, 2018; to prohibit
3 throwing or dropping dangerous instruments on motor vehicles; to
4 define terms; to harmonize provisions; and to repeal the original
5 section.
6 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 28-101, Revised Statutes Cumulative Supplement,
2 2018, is amended to read:
3 28-101 Sections 28-101 to 28-1357 and 28-1601 to 28-1603 and section
4 2 of this act shall be known and may be cited as the Nebraska Criminal
5 Code.
6 Sec. 2. (1) No person shall knowingly or intentionally throw,
7 propel, or drop a stone, brick, or other dangerous instrument at a motor
8 vehicle moving upon a highway. It is a violation of this section
9 regardless of whether the stone, brick, or other dangerous instrument
10 strikes such motor vehicle.
11 (2) A person who violates this section is guilty of a crime as
12 follows:
13 (a) For a first violation:
14 (i) If the violation causes property damage, the violator shall be
15 guilty of a Class I misdemeanor;
16 (ii) If the violation causes bodily injury to any other person, the
17 violator shall be guilty of a Class IV felony;
18 (iii) If the violation causes serious bodily injury to any other
19 person, the violator shall be guilty of a Class IIA felony with a maximum
20 sentence of no more than ten years' imprisonment;
21 (iv) If the violation causes the death of any other person, the
22 violator shall be guilty of a Class IIA felony with a maximum sentence of
23 no more than fifteen years' imprisonment; or
24 (v) For a violation not otherwise described in this subdivision (2)
25 (a), the person shall be guilty of a Class III misdemeanor; and
26 (b) For a second or subsequent violation:
27 (i) If the violation causes property damage, the violator shall be
28 guilty of a Class IV felony;
29 (ii) If the violation causes bodily injury to any other person, the
30 violator shall be guilty of a Class IIIA felony;
31 (iii) If the violation causes serious bodily injury to any other
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1 person, the violator shall be guilty of a Class IIA felony with a maximum
2 sentence of no more than fifteen years' imprisonment;
3 (iv) If the violation causes the death of any other person, the
4 violator shall be guilty of a Class IIA felony; or
5 (v) For a violation not otherwise described in this subdivision (2)
6 (b), the person shall be guilty of a Class I misdemeanor.
7 (3) For purposes of this section:
8 (a) Dangerous instrument means any object which, because of its
9 nature and the manner and intention of its use, is capable of inflicting
10 bodily injury or causing property damage; and
11 (b) Highway has the same meaning as in section 60-332.
12 Sec. 3. Original section 28-101, Revised Statutes Cumulative
13 Supplement, 2018, is repealed.
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Statutes affected:
Introduced: 28-101