AB 802

Current law requires motorists who approach a school bus that is stopped and

displaying flashing red lights to stop their approaching vehicles not less than 20 feet

from the bus and to remain stopped until the bus resumes motion or the bus driver

extinguishes the flashing red lights, unless the school bus is on the opposite side of

a divided highway. With certain exceptions, the operator of a school bus must

activate the flashing red lights at least 100 feet before stopping to load or unload

pupils or other passengers and may not extinguish these lights until loading or

unloading is completed and anyone who must cross the highway is safely across. A

motorist who violates the requirement to stop for a school bus displaying flashing red

lights may be required to forfeit not less than $30 nor more than $300.

This bill creates a penalty enhancement for failure to stop for a school bus

displaying flashing red lights if the failure to stop results in bodily harm, great bodily

harm, or death to another. Under the bill, the penalty is as follows: 1) if the failure

to stop results in bodily harm, the violation is a Class I felony, punishable by a fine

not exceeding $10,000 or imprisonment not exceeding three and one-half years or

both; 2) if the failure to stop results in great bodily harm, the violation is a Class H

felony, punishable by a fine not exceeding $10,000 or imprisonment not exceeding six

years or both; or 3) if the failure to stop results in death, the violation is a Class G

felony, punishable by a fine not exceeding $25,000 or imprisonment not exceeding ten

years or both.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.