H. B. 2487
(By Delegate McGraw)
[Introduced January 14, 1998; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section nine, article twelve, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to school bus
driver complaints; and changing the process for presentment
of school bus driver complaints.
Be it enacted by the Legislature of West Virginia:
That section nine, article twelve, chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-9. School bus drivers to present complaint directly to
county transportation supervisor.
Notwithstanding any other provision of this code to the
contrary, a person authorized by law to operate a school bus, as that term is defined in section seven, article one, chapter
seventeen-c may of this code, shall submit a complaint directly
to a magistrate without first presenting the complaint to the
prosecuting attorney or other law-enforcement agency the county
transportation supervisor if the complaint is based upon a
violation of subsection (a), section seven, article twelve,
chapter seventeen-c of this code. The transportation supervisor
shall submit a complaint directly to a magistrate without first
presenting it to the prosecuting attorney or other law- enforcement agency if the complaint is based upon a violation of
subsection (a), section seven, article twelve, chapter seventeen- c of this code.
The complaint shall be in the form of a written statement of
the essential facts constituting the offense charged. The
complaint shall be presented to and sworn before a magistrate in
the county where the offense is alleged to have occurred.
If it appears from the complaint, or from an affidavit or
affidavits filed with the complaint, that there is probable cause
to believe that an offense has been committed and that the
defendant committed it, a warrant for the arrest of the defendant
shall be issued to any officer authorized by law to arrest
persons charged with offenses against the state law-enforcement
officer.
The school bus driver shall appear as a witness with the
county transportation supervisor before the magistrate.
NOTE: The purpose of this bill is to require school bus
drivers to present complaints to county transportation
supervisors rather than magistrates.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.