Relating to drivers who fail to slow or stop when approaching a school bus displaying flashing lights or a stop signal arm, and providing penalties

This bill enhances the penalty for a violation of this provision when a person fails to yield or stop when required while approaching a school bus when such failure results in injury. Such a violation is an aggravated misdemeanor under the bill. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. Under current law, a person operating a vehicle (driver) is required to reduce the vehicle’s speed to not more than miles per hour when meeting a school bus with flashing amber warning lamps, and must bring the vehicle to a complete stop when the school bus stops and the stop signal arm is extended. The driver must remain stopped until the stop signal arm is retracted after which time the driver is authorized to proceed with due caution. Additionally, a driver is prohibited from overtaking or passing a school bus when red or amber warning signal lights are flashing. The driver must bring the vehicle to a complete stop no closer than feet from the school bus when the bus is stopped and the stop arm is extended, and the driver must remain stopped until the stop arm is retracted and the school bus resumes motion. A driver who violates any of these provisions (school bus provisions) commits a simple misdemeanor punishable by a fine of at least $340 but not more than $930 or by imprisonment for not more than days, or by both. This fine is enhanced from the standard simple misdemeanor fine of at least $105 but not more than $855.210. The bill enhances and adds new criminal penalties if a driver violates the school bus provisions, but does not affect the option for a person to complete a driver improvement program in lieu of a driver’s license suspension for a first offense if no minor pedestrian is present outside of a school bus. Under the bill, a driver commits a serious misdemeanor if the violation occurs while a minor pedestrian is present outside of a school bus.372(5). A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. Under the bill, a driver who strikes a minor pedestrian commits an aggravated misdemeanor. If a driver causes bodily injury, the driver commits a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. If a driver causes serious injury, defined by reference as a disabling mental illness, a bodily injury which (1) creates a substantial risk of death, (2) causes serious permanent disfigurement, or (3) causes protracted loss or impairment of the function of any bodily member or organ, and any injury to a child that requires surgical repair and necessitates the administration of general anesthesia, including but not limited to skull fractures, rib fractures, and metaphyseal fractures of the long bones of children under the age of four years, the driver commits a class “C” felony. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660.