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Introduced Version Senate Bill 133 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 133

(By Senators Craigo, Dittmar, Sharpe, Anderson, Schoonover, Ball, Fanning, Buckalew, Bailey, Ross, Love and Jackson)

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[Introduced February 26, 1997; referred to the Committee
on the Judiciary.]
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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 the prosecution of persons who pass a parked, loading school bus.

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:
§17C-12-9. County transportation supervisor or 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 of this code, or the county transportation supervisor with an affidavit signed by the school bus driver 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 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.


NOTE: The purpose of this bill is to enable the county transportation supervisor to initiate prosecutions against persons who pass a parked, loading 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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