Nebraska LB 1340: Change provisions relating to enforcement of offenses related to interactive or handheld wireless communication devices, speed limit violations, removal of vehicles from highways, and motor vehicle homicide

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1340

Introduced by Kauth, 31.
Read first time January 17, 2024
Committee: Transportation and Telecommunications
A BILL FOR AN ACT relating to motor vehicles; to amend sections 28-306,1
60-4,120.01, 60-4,123, 60-682.01, 60-6,165, and 60-6,179.01, Reissue2
Revised Statutes of Nebraska, and section 60-4,124, Revised Statutes3
Cumulative Supplement, 2022; to change provisions relating to motor4
vehicle homicide; to change the enforcement of a violation of the5
use of any interactive or handheld wireless communication device6
while operating a motor vehicle as prescribed; to change provisions7
relating to speed limit violations; to change provisions relating to8
persons who are authorized to remove vehicles from highways; to9
provide and change fines and penalties; to harmonize provisions; and10
to repeal the original sections.11
Be it enacted by the people of the State of Nebraska,12
LB1340
2024
LB1340
2024
-1-

Section 1. Section 28-306, Reissue Revised Statutes of Nebraska, 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. The court shall, as part of the15
judgment of conviction, order the person not to drive any motor vehicle16
for any purpose for a period of at least one year and not more than17
fifteen years and shall order that the operator's license of such person18
be revoked for the same period.19
(c) If the proximate cause of the death of another is the operation20
of a motor vehicle in violation of section 60-6,196 or 60-6,197.06, motor21
vehicle homicide is a Class II felony if the defendant has a prior22
conviction for a violation of section 60-6,196 or 60-6,197.06, under a23
city or village ordinance enacted in conformance with section 60-6,196,24
or under a law of another state if, at the time of the conviction under25
the law of such other state, the offense for which the defendant was26
convicted would have been a violation of section 60-6,196. The court27
shall, as part of the judgment of conviction, order the person not to28
drive any motor vehicle for any purpose for a period of fifteen years and29
shall order that the operator's license of such person be revoked for the30
same period.31
LB1340
2024
LB1340
2024
-2-

(d) An order of the court described in subdivision (b) or (c) of1
this subsection shall be administered upon sentencing, upon final2
judgment of any appeal or review, or upon the date that any probation is3
revoked.4
(4) The crime punishable under this section shall be treated as a5
separate and distinct offense from any other offense arising out of acts6
alleged to have been committed while the person was in violation of this7
section.8
Sec. 2. Section 60-4,120.01, Reissue Revised Statutes of Nebraska,9
is amended to read:10
60-4,120.01 (1)(a) Any person who is at least sixteen years of age11
but less than eighteen years of age may be issued a provisional12
operator's permit by the Department of Motor Vehicles. The provisional13
operator's permit shall expire on the applicant's eighteenth birthday.14
(b) No provisional operator's permit shall be issued to any person15
unless such person:16
(i) Has possessed a valid LPD-learner's permit, LPE-learner's17
permit, or SCP-school permit for at least a six-month period beginning on18
the date of issuance of such person's LPD-learner's permit, LPE-learner's19
permit, or SCP-school permit; and20
(ii) Has not accumulated three or more points pursuant to section21
60-4,182 during the six-month period immediately preceding the date of22
the application for the provisional operator's permit.23
(c) The requirements for the provisional operator's permit24
prescribed in subdivisions (2)(a) and (b) of this section may be25
completed prior to the applicant's sixteenth birthday. A person may apply26
for a provisional operator's permit and take the driving test and the27
written examination, if required, at any time within sixty days prior to28
his or her sixteenth birthday upon proof of age in the manner provided in29
section 60-484.30
(2) In order to obtain a provisional operator's permit, the31
LB1340
2024
LB1340
2024
-3-

applicant shall present (a)(i) proof of successful completion of a1
department-approved driver safety course which i