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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 874
Introduced by Hallstrom, 1.
Read first time January 08, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to crimes and offenses; to amend sections1
28-306 and 28-394, Revised Statutes Supplement, 2025; to enhance2
penalties for motor vehicle homicide and motor vehicle homicide of3
an unborn child proximately caused by violations relating to use of4
a wireless communication device; and to repeal the original5
sections. 6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Section 28-306, Revised Statutes Supplement, 2025, is1
amended to read: 2
28-306 (1) A person who causes the death of another unintentionally3
while engaged in the operation of a motor vehicle in violation of the law4
of the State of Nebraska or in violation of any city or village ordinance5
commits motor vehicle homicide. 6
(2) Except as provided in subsection (3) of this section, motor7
vehicle homicide is a Class I misdemeanor. 8
(3)(a) If the proximate cause of the death of another is the9
operation of a motor vehicle in violation of section 60-6,179.01,10
60-6,179.02, 60-6,213, or 60-6,214, motor vehicle homicide is a Class11
IIIA felony. 12
(b) If the proximate cause of the death of another is the operation13
of a motor vehicle in violation of section 60-6,196 or 60-6,197.06, motor14
vehicle homicide is a Class IIA felony. 15
(c) If the proximate cause of the death of another is the operation16
of a motor vehicle in violation of section 60-6,196 or 60-6,197.06, motor17
vehicle homicide is a Class II felony if the defendant has a prior18
conviction for a violation of section 60-6,196 or 60-6,197.06, under a19
city or village ordinance enacted in conformance with section 60-6,196,20
or under a law of another state if, at the time of the conviction under21
the law of such other state, the offense for which the defendant was22
convicted would have been a violation of section 60-6,196.23
(4)(a) For a conviction under subsection (2) or subdivision (3)(a)24
of this section, the court may, as part of the judgment of conviction,25
order the person not to drive any motor vehicle for any purpose for a26
period of up to two years and order that the operator's license of such27
person be suspended for the same period. 28
(b) For a conviction under subdivision (3)(b) or (c) of this29
section, the court shall, as part of the judgment of conviction, order30
the person not to drive any motor vehicle for any purpose for a period of31
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fifteen years and shall order that the operator's license of such person1
be revoked for the same period. 2
(5) An order of the court described in this section shall be3
administered upon sentencing, upon final judgment of any appeal or4
review, or upon the date that any probation is revoked.5
(6) The crime punishable under this section shall be treated as a6
separate and distinct offense from any other offense arising out of acts7
alleged to have been committed while the person was in violation of this8
section. 9
Sec. 2. Section 28-394, Revised Statutes Supplement, 2025, is10
amended to read: 11
28-394 (1) A person who causes the death of an unborn child12
unintentionally while engaged in the operation of a motor vehicle in13
violation of the law of the State of Nebraska or in violation of any city14
or village ordinance commits motor vehicle homicide of an unborn child.15
(2) Except as provided in subsection (3) of this section, motor16
vehicle homicide of an unborn child is a Class I misdemeanor.17
(3)(a) If the proximate cause of the death of an unborn child is the18
operation of a motor vehicle in violation of section 60-6,179.01,19
60-6,179.02, 60-6,213, or 60-6,214, motor vehicle homicide of an unborn20
child is a Class IIIA felony. 21
(b) Except as provided in subdivision (3)(c) of this section, if the22
proximate cause of the death of an unborn child is the operation of a23
motor vehicle in violation of section 60-6,196 or 60-6,197.06, motor24
vehicle homicide of an unborn child is a Class IIA felony.25
(c) If the proximate cause of the death of an unborn child is the26
operation of a motor vehicle in violation of section 60-6,196 or27
60-6,197.06 and the defendant has a prior conviction for a violation of28
section 60-6,196 or a city or village ordinance enacted in conformance29
with section 60-6,196, motor vehicle homicide of an unborn child is a30
Class II felony. 31
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(4)(a) For a conviction under subsection (2) or subdivision (3)(a)1
of this section, the court may, as part of the judgment of conviction,2
order the person not to drive any motor vehicle for any purpose for a3
period of up to two years and order that the operator's license of such4
person be suspended for the same period. 5
(b) For a conviction under subdivision (3)(b) or (c) of this6
section, the court shall, as part of the judgment of conviction, order7
the person not to drive any motor vehicle for any purpose for a period of8
at least sixty days and not more than fifteen years after the date9
ordered by the court and shall order that the operator's license of such10
person be revoked for the same period. The revocation shall not run11
concurrently with any jail term imposed. 12
(5) An order of the court described in this section shall be13
administered upon sentencing, upon final judgment of any appeal or14
review, or upon the date that any probation is revoked.15
(6) The crime punishable under this section shall be treated as a16
separate and distinct offense from any other offense arising out of acts17
alleged to have been committed while the person was in violation of this18
section. 19
Sec. 3. Original sections 28-306 and 28-394, Revised Statutes20
Supplement, 2025, are repealed. 21
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