Sec. 12. (a) As used in this section, "school bus" means a motor vehicle that is:
(1) designed and constructed for the accommodation of at least ten (10) passengers;
(2) owned or operated by a public or governmental agency, or privately owned and operated for compensation; and
(3) used for the transportation of school children to and from the following:
(A) School.
(B) School athletic games or contests.
(C) Other school functions.
(b) As used in this section, "school week" means a week that:
(1) begins on Monday and ends on Friday; and
(2) includes at least three (3) days during which, on each day, more than four (4) hours of classroom instruction are provided.
(c) A person who smokes in a school bus during a school week or while the school bus is being used for the transportation of school children to and from:
(1) a school;
(2) a school athletic game or contest; or
(3) another school function;
commits a Class B infraction, except as provided in subsection (d).
(d) A person who smokes in a school bus as described in subsection (c) commits a Class A infraction if the person, within the twelve (12) months immediately preceding the person's act of smoking in a school bus, committed at least three (3) prior unrelated acts of smoking in a school bus for which the person was adjudged to have committed infractions under this section.
As added by P.L.141-2012, SEC.2.
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