SB13 HJUD AM 2-12

            The Committee on the Judiciary moved to amend the Bill on page one, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

That §17C-12-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 12. SPECIAL STOPS REQUIRed

§17C-12-7. Overtaking and passing school bus; penalties; signs and warning lights upon buses; requirements for sale of buses; mounting of cameras; educational information campaign; limitation on idling.

(a) This law shall be known as Haven’s Law

(b) 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 may 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) (c)(1) Where the actual identity of the operator of a motor vehicle operated in violation of subsection (a) of this section is known Any driver acting in violation of subsection (a) of this section then that driver is guilty of a misdemeanor and, upon conviction for a first offense, shall be fined not less than $150 or more than $500, or confined not less than two days nor more than six months and shall be fined not less than $200 nor more than $2,500: Provided, That such jail term shall include actual confinement of not less than twenty-four hours: Provided, however, That a person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense. Upon conviction of a second violation of subsection (a), the driver shall be fined $500, or confined in jail not more than six months, or both fined and confined in jail for not more than one week nor more than one year, and shall be fined not less than $2,500 nor more than $5,000.. Upon conviction of a third or subsequent violation of subsection (a), the driver shall be fined $500, and confined not less than twenty-four hours in jail but not more than six months is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than five years and the court may, in its discretion, impose a fine of not less than $5,000 nor more than $10,000.

(2) In addition to the penalties prescribed in subdivision (1) of this subsection, the Commissioner of Motor Vehicles shall, upon conviction, suspend the driver’s license of the person so convicted:

(1) Of a first offense under subdivision (1) of this subsection, for a period of thirty days;

(2) Of a second offense under subdivision (1) of this subsection, for a period of ninety days; or

(3) Of a third or subsequent offense under subdivision (1) of this subsection, for a period of one hundred and eighty days.

(c) (d) In addition to the penalties prescribed in subsections (b) of this section, the Commissioner of Motor Vehicles shall, upon conviction, suspend the driver’s license of the person so convicted:

(1) Of a first offense under subsection (b) of this section, for a period of thirty days;

(2) Of a second offense under subsection (b) of this section, for a period of ninety days; or

(3) Of a third or subsequent offense under subsection (b) of this section, for a period of one hundred and eighty days.

Where the actual identity of the operator of a motor vehicle operated in violation of subsection (a) of this section is unknown but the license plate number of the motor vehicle is known, it may be inferred that the operator was an owner or lessee of the motor vehicle

(1) For a first offense under subsection (b) of this section, and shall assess fees of not less than $200 nor more than $2,500;

(2) For a second offense under subsection (b) of this section, , and shall assess fees of not less than $2,500 nor more than $5,000; and

(3) For a third or subsequent offense under subsection (b) of this section, and shall assess fees of not less than $5,000 nor more than $10,000.

Where there is more than one registered owner or lessee, the inference created by this subsection shall apply to the first listed owner or lessee as found on the motor vehicle registration:

(d) (e) Any driver of a vehicle who willfully violates the provisions of subsection (a) of this section and the violation causes serious bodily injury to any person other than the driver, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one two years nor more than three ten years and fined not less than $500 $2,000 nor more than $2,000 $15,000.  Any driver of a vehicle who willfully violates the provisions of subsection (a) of this section and the violation causes a bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one week nor more than one year, or fined not less than $1,000 nor more than $5,000, or both.

(e) (f) Any driver of a vehicle who willfully violates the provisions of subsection (a) of this section, and the violation causes death, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one three years nor more than ten fifteen years and fined not less than $1,000 $5,000 nor more than $3,000. $20,000: Provided, That any death charged under this subsection must occur within one year of the offense.

(f) (g) 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) (h) Every county board of education is hereby authorized to mount a camera on any school bus for the purpose of enforcing this section or for any other lawful purpose.

(h) (i) 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 section and the importance of school bus safety.

(i) (j) The State Board of Education shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code governing the idling of school buses.