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Proposal would elevate distracted‑driving deaths to higher felony level; prosecutors, police back change
Summary
LB874 would raise the penalty for motor‑vehicle homicide to a higher felony if the driver was using a handheld wireless device when the death occurred; county attorneys and police chiefs said the bill would give prosecutors a direct statutory basis for enhanced charges when phone use is a proximate cause, while committee members sought clarity on how the change fits existing reckless‑driving law.
LINCOLN — The Judiciary Committee heard testimony on LB874, a bill to elevate the criminal classification for motor‑vehicle homicide to a higher felony if the driver was using a handheld wireless communication device when an unintentional death occurred.
Sen. Bob Holstrom said distracted driving is a growing danger and that the current motor‑vehicle homicide scheme elevates charges only when other triggers apply (DUI, prior convictions, revoked license, or willful/reckless conduct). "Distracted driving is six times more deadly than driving drunk," Holstrom said in arguing for statutory parity with other enhanced offenses.
David Solheim of the Nebraska County Attorneys Association supported the bill, saying prosecutors struggle to show recklessness in some cases where phone use appears to be the proximate cause. Saline County Attorney Solheim said heightened penalties would reflect the conscious choice to use a device while driving.
Police chiefs and victim advocates recounted crashes and fatalities they said were linked to phone use; a Nebraska City chief described a recent child fatality under investigation where police suspected phone use. Insurance representatives backed the measure as a prevention tool to reduce distracted‑driving claims.
Committee members questioned how the handheld‑device enhancement interacts with existing reckless or willful‑reckless provisions, whether it would meaningfully change prosecution outcomes, and how statutory exceptions (commercial drivers, emergency communications) would apply. Prosecutors said the bill creates a clearer statutory basis so juries and judges can apply an enhanced penalty when device use is a proximate causal factor.
Sponsor waived closing; the committee did not take a final vote.
