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ACT No. 259
Regular Session, 2012
HOUSE BILL NO. 485
BY REPRESENTATIVES THIERRY, BROWN, CHAMPAGNE, FRANKLI N,
GISCLAIR, GUINN, HILL, HODGES, HONORE, HOWARD, KATRINA
JACKSON, NANCY LANDRY, LEBAS, LEOPOLD, MORENO, NORTON,
RICHARD, SMITH, AND ST. GERMAIN
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
A.8
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(4) Any person convicted of violating this Subsection shall be fined not less10
than one hundred dollars nor more than five hundred dollars or imprisoned for not11
more than six months, or both, in accordance with the provisions of R.S. 32:398.2,12
and shall have his driver's license suspended in accordance with the provisions of13
R.S. 32:414(A)(2).14
(a) Any person who is found guilty of or pleads guilty or nolo contendere to15
a violation of the provisions of this Subsection shall be subject to the following16
penalties:17
(i) If the violation does not result in the injury, serious bodily injury, or death18
of another person, the offender shall be fined not less than one hundred dollars nor19
more than five hundred dollars or imprisoned for not more than six months, or both,20 ENROLLEDHB NO. 485
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in accordance with the provisions of R.S. 32:398.2 and shall have his driver's license1
suspended in accordance with the provisions 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 (a)(ii), (iii), and15
(iv) of this Paragraph, whoever is responsible for these violations shall be subject to16
the following penalties:17
(i) If the violation results in the injury of another person, the offender may18
be imprisoned for not more than six months.19
(ii) If the violation results in serious bodily injury of another person as20
defined in Subparagraph (c) of this Paragraph, the offender may be subjected to21
imprisonment up to six months.22
(iii) If the violation results in the death of another person, the offender may23
be subject to imprisonment up to twelve months.24 ENROLLEDHB NO. 485
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(c) For purposes of this Paragraph, "serious bodily injury" shall mean a1
bodily injury which involves unconsciousness, extreme physical pain, or protracted2
and obvious disfigurement, protracted loss or impairment of the function of a bodily3
member, organ, or mental faculty, or a substantial risk of death.4
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: