COMMITTEE SUBSTITUTE
FOR
H. B. 2376
(By Delegates Linch, Kuhn and Collins)
(Originating in the House Committee on the Judiciary)
[February 24, 1995]
A BILL to amend article twelve, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nine, relating to allowing school bus drivers to present
their complaints directly to a magistrate without first
presenting the complaint to the prosecuting attorney or
other law-enforcement agency.
Be it enacted by the Legislature of West Virginia:
That article twelve, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section nine,
to read as follows:
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-9. School bus drivers may present complaint directly to
magistrate.
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 submit a complaint directly to a magistrate
without first presenting the complaint 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.
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.
NOTE: The purpose of this bill is to allow school bus
drivers to present a complaint directly to a magistrate without
first presenting it to the prosecuting attorney or other law
enforcement agency.