West Virginia 2019 Regular Session Status: Enacted

SB 238 — Increasing certain penalties for illegally passing stopped school bus

Last action — Chapter 259, Acts, Regular Session, 2019

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2019. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

38 added · 30 removed

Plain-language change summary

The updated version of SB 238 has added specific language to emphasize both the increased penalties for illegally passing a stopped school bus and the requirement for cameras on all new county school buses purchased after July 1, 2019. Additionally, it is now officially titled the "Haven McCarthy Memorial Act," honoring a victim relevant to this issue. These changes are important because they aim to enhance student safety by deterring dangerous driving behavior and ensuring that school buses are equipped with technology to monitor compliance with the law.

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NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 238 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB238 SUB1 « Senate Bill 238 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 238 Senators Baldwin, Cline, Jeffries, and Lindsay, original sponsors [Passed March 7, 2019;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 238 Senators Baldwin, Cline, Jeffries, and Lindsay, original sponsors [Originating in the Committee on the Judiciary;
in effect 90 days from passage]     AN ACT to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended, relating to increasing certain penalties for illegally passing a stopped school bus;
Reported on February 21, 2019]     A BILL to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended, relating to increasing certain penalties for illegally passing a stopped school bus;
PREAMBLE:
PREAMBLE:     This act shall be known as the Haven McCarthy Memorial Act.   Article 12.
This act shall be known as the Haven McCarthy Memorial Act.
Article 12.
(b) Any driver acting in violation of subsection (a) of this section is guilty of a misdemeanor and, upon conviction for a first offense, shall be fined not less than $500 or more than $1,000, or confined in jail not more than six months, or both fined and confined.
(b) Any driver acting in violation of subsection (a) of this section is guilty of a misdemeanor and, upon conviction for a first offense, shall be fined not less than $250 $500 or more than $500 $1,000, or confined in jail not more than six months, or both fined and confined.
Upon conviction of a second violation of subsection (a) of this section, the driver shall be fined not less than $1,000 nor more than $1,500, or confined in jail not more than six months, or both fined and confined.
Upon conviction of a second violation of subsection (a) of this section, the driver shall be fined not less than $500 $1,000 nor more than $1,000 $1,500, or confined in jail not more than six months, or both fined and confined.
Upon conviction of a third or subsequent violation of subsection (a) of this section, the driver shall be fined $2,000 and confined not less than 48 hours in jail but not more than six months.
Upon conviction of a third or subsequent violation of subsection (a) of this section, the driver shall be fined $1,000 $2,000 and confined not less than 48 hours in jail but not more than six months.
(1) Of a first offense under subsection (b) of this section, for a period of 60 days;
(1) Of a first offense under subsection (b) of this section, for a period of thirty 60 days;
(2) Of a second offense under subsection (b) of this section, for a period of 180 days;
(2) Of a second offense under subsection (b) of this section, for a period of ninety 180 days;
or (3) Of a third or subsequent offense under subsection (b) of this section, for a period of one year.
or (3) Of a third or subsequent offense under subsection (b) of this section, for a period of one hundred eighty days one year.
(f) Any driver of a vehicle who willfully violates the provisions of subsection (a) of this section and the violation causes serious bodily injury to any person other than the driver, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one year nor more than three years and fined not less than $2,000 nor more than $5,000.
(f) Any driver of a vehicle who willfully violates the provisions of subsection (a) of this section and the violation causes serious bodily injury to any person other than the driver, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one year nor more than three years and fined not less than $500 $2,000 nor more than $2,000 $5,000.
(g) Any driver of a vehicle who willfully violates the provisions of subsection (a) of this section, and the violation causes death, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one year nor more than 10 years and fined not less than $5,000 nor more than $10,000.
(g) Any driver of a vehicle who willfully violates the provisions of subsection (a) of this section, and the violation causes death, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one year nor more than 10 years and fined not less than $1,000 $5,000 nor more than $3,000 $10,000.
(i) To the extent that state, federal, or other funds are available, the State Police shall conduct an information campaign to educate drivers concerning the provisions of this section and the importance of school bus safety.
(i) Every county board of education is hereby authorized to mount a camera on any school bus for the purpose of enforcing this section or for any other lawful purpose.
(j) The State Board of Education shall promulgate a rule in accordance with the provisions of §29A-3B-1 et seq.
(j) (i) To the extent that state, federal, or other funds are available, the State Police shall conduct an information campaign to educate drivers concerning the provisions of this section and the importance of school bus safety.
(k) (j) The State Board of Education shall promulgate a rule in accordance with the provisions of §29A-3B-1 et seq.
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Action History

  1. Chapter 259, Acts, Regular Session, 2019

  2. Approved by Governor 3/25/19

  3. To Governor 3/22/19

  4. Approved by Governor 3/25/19 - Senate Journal

  5. Approved by Governor 3/25/19 - House Journal

  6. To Governor 3/22/19 - House Journal

  7. To Governor 3/22/19 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 516)

  12. Read 3rd time

  13. On 3rd reading, Special Calendar

  14. Read 2nd time

  15. On 2nd reading, Special Calendar

  16. Read 1st time

  17. On 1st reading, Special Calendar

  18. Do pass

  19. To House Judiciary

  20. To Judiciary

  21. Introduced in House

  22. Ordered to House

  23. Passed Senate (Roll No. 214)

  24. Read 3rd time

  25. On 3rd reading

  26. Read 2nd time

  27. On 2nd reading

  28. Read 1st time

  29. On 1st reading

  30. Committee substitute reported

  31. To Judiciary

  32. Reported do pass, but first to Judiciary

  33. To Transportation and Infrastructure

  34. Introduced in Senate

  35. To Transportation and Infrastructure then Judiciary

  36. Filed for introduction

Sponsors

  • Cline · Cosponsor
  • Baldwin · Primary
  • Lindsay · Cosponsor
  • Jeffries · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 148 not signed on · 1 voted No

Sponsors (1)

  • Baldwin

Co-sponsors (3)

  • Cline
  • Lindsay
  • Jeffries

Not signed on (148)

148 members have not signed on to this bill.

Show all 148 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 90 Yea · 1 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 64007
Republican 22101
Democrat 4001
Total 90109
% of votes cast 90%1%0%9%
How each member voted (100)
Member Party Vote
Evans — Yea
Foster — Yea
Brown, N. — Yea
Bates — Yea
Bibby — Yea
Fleischauer — Yea
Graves — Yea
Hamrick — Yea
Lavender-Bowe — Yea
Linville — Yea
Lovejoy — Yea
Malcolm — Yea
Rowan — Yea
Shott — Yea
Sponaugle — Yea
Staggers — Yea
Brown, S. — Yea
Sypolt — Yea
Maynard — Yea
Thompson, C. — Yea
Hartman — Yea
Thompson, R. — Yea
Tomblin — Yea
Walker — Yea
Phillips — Yea
Diserio — Yea
Jeffries, J. — Yea
Nelson — Not Voting
Boggs — Not Voting
Byrd — Not Voting
Canestraro — Yea
Capito — Yea
Cowles — Yea
Doyle — Yea
Estep-Burton — Yea
Hanna — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Kessinger — Not Voting
Mandt — Yea
Pack — Yea
Paynter — Yea
Porterfield — Yea
Robinson — Yea
Skaff — Not Voting
Storch — Yea
Swartzmiller — Yea
Waxman — Yea
Westfall — Yea
Wilson — Yea
Zukoff — Yea
Angelucci — Not Voting
Atkinson — Yea
Cadle — Yea
Caputo — Yea
Espinosa — Yea
Fast — Yea
Hardy — Yea
Higginbotham — Yea
Kump — Yea
Longstreth — Not Voting
Miley — Yea
Pethtel — Yea
Pyles — Yea
Rodighiero — Yea
Rowe — Yea
Steele — Yea
Summers — Yea
Evan Hansen Democrat Yea
John Williams Democrat Not Voting
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Not Voting
Mike Azinger Republican Yea
Pat McGeehan Republican Nay
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 32000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
LINDSAY — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
PALUMBO — Yea
TARR — Yea
PLYMALE — Yea
TRUMP — Yea
CLINE — Yea
PREZIOSO — Yea
UNGER — Yea
FACEMIRE — Yea
ROBERTS — Yea
WELD — Yea
HAMILTON — Yea
ROMANO — Yea
WOELFEL — Yea
HARDESTY — Yea
RUCKER — Yea
MR PRESIDENT — Yea
IHLENFELD — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 238?
SB 238 is sponsored by Cline, Baldwin, Lindsay, and Jeffries.
What is the current status of SB 238?
This bill has been enacted into law. Introduced January 10, 2019. Enacted.
Where can I track SB 238?
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