Senate Bill No. 438
(By Senator Tomblin, Mr. President)
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[Introduced February 20, 1995; referred to the Committee
on the Judiciary.]
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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 and secure a warrant directly
from 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 secure warrant.
Notwithstanding any other provision to the contrary, a
school bus driver may submit a complaint directly to and secure a warrant directly from the magistrate without first presenting
the complaint to the prosecuting attorney or other law
enforcement agency if the complaint is based upon a traffic
violation that may put the school bus passengers, the driver or
any other person in close proximity to the school bus in danger.
NOTE: The purpose of this bill is to allow school bus
drivers to present a complaint directly to and secure a warrant
directly from a magistrate without first presenting it to the
prosecuting attorney or other law enforcement agency.
Section nine, article twelve, chapter seventeen-c is new;
therefore, strike-throughs and underscoring have been omitted.
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