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2018 SESSION

18103054D
HOUSE BILL NO. 219
Offered January 10, 2018
Prefiled December 29, 2017
A BILL to amend and reenact 46.2-859 of the Code of Virginia, relating to passing a stopped school bus; penalty.
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Patron-- Morefield
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That 46.2-859 of the Code of Virginia is amended and reenacted as follows:

46.2-859. Passing a stopped school bus; prima facie evidence; penalty.

A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion; any person violating the foregoing is guilty of reckless driving. Any person who, as the sole and proximate result of his reckless driving in violation of this section, causes the serious injury or death of another is guilty of a Class 5 felony.

The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus.

This section shall apply to school buses which are equipped with warning devices prescribed in 46.2-1090 and are painted yellow with the words "School Bus" in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in 46.2-1090 is prima facie evidence that the vehicle is a school bus.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 836 of the Acts of Assembly of 2017 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.