WEST VIRGINIA LEGISLATURE

2024 REGULAR SESSION

Introduced

House Bill 5597

By Delegates Tully, Toney, Burkhammer, Maynor, Holstein, Ferrell, Dittman, Kimble, Summers, Statler, and Willis

[Introduced February 12, 2024; Referred to the Committee on Education then the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-2c, relating to requiring that any school bus driver charged with driving under the influence with students present also be charged with child neglect for each student.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. serious traffic offenses.

§17C-5-2c.  School bus drivers charged with driving under the influence while students are present shall also be charged with child neglect.

Notwithstanding any provision of this code to the contrary, a person authorized by law to operate a school bus, as that term is defined in §17C-1-7 of this code, who is charged with driving under the influence of alcohol, controlled substances, or drugs under this article, while students are present on the school bus, shall also be charged with child neglect creating a risk of injury by a guardian or custodian pursuant to §61-8D-4 of this code.

NOTE: The purpose of this bill is to require that a school bus driver charged with driving under the influence with students present also be charged with child neglect for each student.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.