H. B. 4489
(By Delegates Sobonya, Miley, Eldridge,
M. Poling, Shook, C. Miller, Sumner,
Stowers, Fleischauer and Rodighiero)
[Introduced February 15, 2010; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §17C-12-7 of the Code of West Virginia,
1931, as amended; and to and reenact §60A-4-406
of said code,
all relating to increasing the criminal penalties for
overtaking or passing a school bus stopped for the purpose of
receiving and discharging children; authorizing an educational
campaign on school bus safety; and increasing penalties for
persons convicted of distributing drugs in a school bus stop
zone.
Be it enacted by the Legislature of West Virginia:
That §17C-12-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §60A-4-406 of said code be amended
and reenacted, all to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-7. Overtaking and passing school bus; penalties; signs
and warning lights upon buses; removal of warning lights, lettering, etc., upon sale of buses;
highways with separate roadways; limitation on
idling.
(a) The driver of a vehicle, upon meeting or overtaking from
either direction any school bus which has stopped for the purpose
of receiving or discharging any school children, shall stop the
vehicle before reaching the school bus when there is in operation
on the school bus flashing warning signal lights, as referred to in
section eight of this article, and the driver shall not proceed
until the school bus resumes motion, or is signaled by the school
bus driver to proceed or the visual signals are no longer actuated.
This section applies wherever the school bus is receiving or
discharging children including, but not limited to, any street,
highway, parking lot, private road or driveway:
Provided, That the
driver of a vehicle upon a controlled access highway need not stop
upon meeting or passing a school bus which is on a different
roadway or adjacent to the highway and where pedestrians are not
permitted to cross the roadway.
(b) Any
identified driver acting in violation of this
subsection is guilty of a misdemeanor and, upon conviction
for a
first offense, shall be fined not less than
fifty dollars $150 or
more than
two hundred dollars $500, or
imprisoned confined in
the
county jail not more than six months, or both fined and
imprisoned
confined. Additionally, the driver's license of a driver convicted of this offense for the first time may be suspended for a period of
thirty days. Upon conviction of a second offense of this
subsection, the driver shall be fined $500, or confined in jail not
more than six months, or both fined and confined. Additionally,
the driver's license of a driver convicted of this offense for the
second time may be suspended for a period of ninety days. Upon
conviction of a third or subsequent offense of this subsection, the
driver shall be fined $500, and confined not less than twenty-four
hours in jail but not more than six months. Additionally, the
driver's license of a driver convicted of this offense for the
third time may be suspended for a period of six months.
(c) When the identified driver of a vehicle willfully,
wantonly, or with reckless disregard violates the provisions of
subsection (a) of this section and the violation causes serious
bodily injury to any person other than the driver, he or she is
guilty of a felony and, upon conviction, shall be confined not less
than one year and not more than three years and shall be fined not
less than $500 and not more than $2,000.
(d) When the identified driver of a vehicle willfully,
wantonly or with reckless disregard violates the provisions of
subsection (a) of this section, and the violation causes death, he
or she is guilty of a felony and, upon conviction, shall be
confined not less than one year and no more than ten years and
shall be fined not less than $1,000 and not more than $3,000.
(e) If the identity of the driver cannot be ascertained, then any owner or lessee of the vehicle in violation of this subsection,
is guilty of a misdemeanor and, upon conviction and is found to be
the owner or lessee of the automobile shall be
fined subject to a
civil penalty of not less than
twenty-five dollars $150 nor more
than
one hundred dollars $500. Any person found to be the owner or
lessee a vehicle who is in violation of this sections a second or
subsequent time under this subsection shall be subject to a civil
penalty of $500. The
conviction shall assessment of the civil
penalty does not subject the owner or lessee to further
administrative or other penalties for the offense, notwithstanding
other provisions of this code to the contrary.
(b) (f) Every bus used for the transportation of school
children shall bear upon the front and rear of the bus a plainly
visible sign containing the words "school bus" in letters not less
than eight inches in height. When a contract school bus is being
operated upon a highway for purposes other than the actual
transportation of children either to or from school, all markings
on the contract school bus indicating "school bus" shall be covered
or concealed. Any school bus sold or transferred to another owner
by a county board of education, agency or individual shall have all
flashing warning lights disconnected and all lettering removed or
permanently obscured, except when sold or transferred for the
transportation of school children.
(g) Every school district is authorized to mount a camera on
any retractable stop sign that is part of the equipment of any school bus.
(h) To the extent that state, federal or other funds are
available, the State Police shall conduct an information campaign
to educate drivers concerning the provisions of this article and
the importance of school bus safety.
(c) (i) The State Board of Education shall write a policy
governing the idling of school buses.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-406. Distribution to persons under the age of eighteen
years by persons over the age of twenty-one years;
distribution by persons eighteen years of age or
over in or on, or within one thousand feet of,
school or college or within one hundred feet of
students awaiting, boarding or exiting a school
bus; increasing mandatory period of incarceration
prior to parole eligibility.
(a) Notwithstanding any other provision of law to the
contrary, a person is ineligible for parole for a period of three
years if he or she is sentenced to the custody of the commissioner
of corrections for service of a sentence of incarceration and is
convicted of a felony violation under the provisions of subdivision
(i), subsection (a), section four hundred one of this article for
distribution of a controlled substance and:
(1) Is twenty-one years of age or older at the time of the
distribution upon which the conviction is based, and the person to
whom the controlled substance was distributed was under the age of
eighteen years at the time of the distribution; or
(2) Is eighteen years of age or older and the distribution
upon which the conviction is based occurred in or on, or within one
thousand feet of, the real property comprising a public or private
elementary, vocational or secondary school or a public or private
college, junior college or university in this state, or within the
first one hundred feet within the view of students awaiting,
boarding or exiting a school bus, excluding the interior of all
buildings except school bus stop shelters
for purposes of this
subsection, "school bus" means a commercial motor vehicle used to
transport preprimary, primary or secondary school students from
home-to-school, from school-to-home or to and from school sponsored
events. School bus does not include a bus used as a common carrier.
(b) Notwithstanding any other provision of law to the
contrary, a person is ineligible for parole for a period of two
years if he or she is sentenced to the custody of the commissioner
of corrections for service of a sentence of incarceration and is
convicted of a felony violation under the provisions of subdivision
(ii), subsection (a), section four hundred one of this article for
distribution of a controlled substance and:
(1) Is twenty-one years of age or older at the time of the
distribution upon which the conviction is based, and the person to whom the controlled substance was distributed was under the age of
eighteen years at the time of the distribution; or
(2) Is eighteen years of age or older and the distribution
upon which the conviction is based occurred in or on, or within one
thousand feet of, the real property comprising a public or private
elementary, vocational or secondary school or a public or private
college, junior college or university in this state, or within the
first one hundred feet within the view of students awaiting,
boarding or exiting a school bus, excluding the interior of all
buildings except school bus stop shelters
. For purposes of this
subsection, "school bus" means a commercial motor vehicle used to
transport preprimary, primary or secondary school students from
home-to-school, from school-to-home or to and from school sponsored
events. School bus does not include a bus used as a common
carrier.
(c) The existence of any fact which would make any person
subject to the provisions of this section may not be considered
unless the fact is clearly stated and included in the indictment or
presentment by which the person is charged and is either:
(1) Found by the court upon a plea of guilty or nolo
contendere;
(2) Found by the jury, if the matter be tried before a jury,
upon submission to the jury of a special interrogatory for such
purpose; or
(3) Found by the court, if the matter be tried by the court without a jury.
(d) Nothing in this section shall be construed to limit the
sentencing alternatives made available to circuit court judges
under other provisions of this code.
NOTE: The purpose of this bill is to enact "Haven's Law" by
increasing the criminal penalties for overtaking or passing a
school bus stopped for the purpose of receiving or discharging
children. The bill authorizes an educational campaign on school
bus safety.
The also bill increases penalties for persons
convicted of distributing drugs within one hundred feet of a school
bus stop or on a school bus.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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