HLS 12RS-813 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 485
BY REPRESENTATIVE THIERRY
TRAFFIC/VIOLATIONS: Revises penalty provisions regarding overtaking and passing
school buses
AN ACT1
To amend and reenact R.S. 32:80(A)(4), relative to traffic violations; to provide for2
enhanced penalties for overtaking or passing a school bus when injury or death3
occurs as a result; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:80(A)(4) is hereby amended and reenacted to read as follows:6
ยง80. Overtaking and passing school buses7
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(4) Any person convicted of violating this Subsection shall be fined not less9
than one hundred dollars nor more than five hundred dollars or imprisoned for not10
more than six months, or both, in accordance with the provisions of R.S. 32:398.2,11
and shall have his driver's license suspended in accordance with the provisions of12
R.S. 32:414(A)(2).13
(a) Any person who is found guilty of or pleads guilty or nolo contendere to14
a violation of the provisions of this Subsection shall be subject to the following15
penalties:16
(i) If the violation does not result in the injury, serious bodily injury, or death17
of another person, the offender shall be fined not less than one hundred dollars nor18
more than five hundred dollars or imprisoned for not more than six months, or both,19
in accordance with the provisions of R.S. 32:398.2, and upon third or subsequent20 HLS 12RS-813 ORIGINAL
HB NO. 485
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offense, shall have his driver's license suspended in accordance with the provisions1
of R.S. 32:414(A)(2).2
(ii) If the violation results in the injury of another person, the offender shall3
be fined not less than two hundred dollars nor more than five hundred dollars and4
may be subjected to a driver's license suspension for a period up to ninety days, or5
both.6
(iii) If the violation results in the serious bodily injury of another person, the7
offender shall be fined not less than five hundred dollars nor more than one thousand8
dollars and may be subjected to a driver's license suspension of a period up to one9
hundred eighty days, or both.10
(iv) If the violation results in the death of another person, the offender shall11
be fined not less than one thousand dollars nor more than five thousand dollars and12
may be subjected to a driver's license suspension for the greater of a period up to13
three hundred sixty days or as provided in R.S. 32:414(A)(2), or both.14
(b) In addition to the fines and penalties set forth in Items (ii), (iii), and (iv)15
of this Subparagraph, whoever is responsible for these violations shall be subject to16
the following penalties:17
(i) If the violation results in serious bodily injury of another person as18
defined in Subparagraph (c) of this Paragraph, the offender may be subjected to19
imprisonment up to six months.20
(ii) If the violation results in the death of another person, the offender may21
be subject to imprisonment up to twelve months.22
(c) For purposes of this Paragraph, "serious bodily injury" shall mean a23
bodily injury which involves unconsciousness, extreme physical pain, or protracted24
and obvious disfigurement, protracted loss or impairment of the function of a bodily25
member, organ, or mental faculty, or a substantial risk of death.26
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HB NO. 485
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Thierry HB No. 485
Abstract: Provides for graduated penalties upon overtaking and passing school buses in
violation of law when injury, serious bodily injury, or death occurs.
Present law prohibits overtaking and passing school buses in certain situations.
Proposed law retains present law.
Present law provides that whoever violates present law shall be fined $100 nor more than
$500 or imprisoned for not more than six months, or both, and shall have his driver's license
suspended upon third or subsequent offenses.
Proposed law retains present law.
Proposed law provides for graduated penalties upon the injury, serious bodily injury, or
death of another person when cited for improperly overtaking or passing a school bus as
follows:
(1)If the violation results in the injury of another person, the fine is not less than $200
nor more than $500 and a possible driver's license suspension for a period up to 90
days, or both.
(2)If the violation results in the serious bodily injury of another person, the fine is not
less than $500 nor more than $1,000 and a possible driver's license suspension for
a period up to 180 days, or both. The offender may be subjected to imprisonment up
to six months.
(3)If the violation results in the death of another person, the fine is not less than $1,000
nor more than $5,000 and a possible driver's license suspension for a period up to
360 days, or both. The offender may be subject to imprisonment up to 12 months.
Proposed law defines, for purposes of proposed law, "serious bodily injury" as a bodily
injury which involves unconsciousness, extreme physical pain, or protracted and obvious
disfigurement, protracted loss or impairment of the function of a bodily member, organ, or
mental faculty, or a substantial risk of death.
(Amends R.S. 32:80(A)(4))