The Register-Herald, Beckley, West Virginia

Local News

March 14, 2010

Penalties raised for passing buses

By Mannix Porterfield Register-Herald Reporter

CHARLESTON — CHARLESTON — Passing a stopped school bus while students are boarding or disembarking could put a driver in prison for as long as a decade.

Lawmakers hammered out differences Saturday before passing out a final version of a school safety issue that had been proposed the past two legislative sessions.

The matter was inspired by the death a few years ago of Haven McCarthy, a Lincoln County child who was struck and killed while her school bus was stopped.

An elderly woman cited for passing the bus was convicted of a misdemeanor.

Under the new law, crafted by Delegates Kelli Sobonya, R-Cabell, and Linda Sumner, R-Raleigh, injuring or killing a child under such circumstances would amount to a felony offense.

And in that case, a motorist would be sent to prison for one to three years for injuring a child.

If the injury is a mortal one, the offending motorist likewise would be charged with the felony.

Under this part of the bill, the driver could be imprisoned for one to 10 years.

In addition, the first offense in a non-injury overtaking of a bus could produce a 30-day license suspension. Under a second offense, the license would be on hold 90 days, and for six months for a third offense.

Now, the fine goes from the current $150 to $500 for a first offense, along with up to six months in jail, a flat $500 penalty for a second offense and six-month jail sentence, and a $500 fine and a mandatory 24-hour to six-month jail term for a third such crime.

“This bill has been two years in the making. We hope that nobody has to be prosecuted. Obviously, if someone is prosecuted under the felony provision, it means a child has been injured or tragically killed.”

Another provision would permit county school boards to install special video cameras on buses to film any violators, the delegate pointed out.

“And, as funds are available, a public awareness campaign will be started across the state,” Sobonya added.

— E-mail: mannix@register-herald.com

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