CHARLESTON, W.Va. — Those caught dealing drugs at or near school bus stops when children are present could face the same increased penalties as those dealing near schools, under a bill before the West Virginia House. A separate part of the measure would also make it a felony when someone illegally passing a school bus injures a pedestrian and increases all illegal passing penalties.

HB 3105 would establish a drug-free zone anywhere where children load, unload or gather for a school bus. If sentenced, those found guilty of dealing drugs in the vicinity would face a minimum of three years in jail, said the bill's author, Del. Orphy Klempa.

A last-minute addition to the bill amends the current law to make the crime of illegally passing a school bus a felony if someone other than the driver is injured. If convicted, drivers would face one to three years in prison and fines of $500 to $2,000. If the driver kills someone, they could face one to 10 years and $1,000 to $2,000 in fines. Non-injury convictions could hand down penalties under the changes, with penalties increased form between $50 to $250 to between $150 to $500. If the driver cannot be identified, fines for the owner could be doubled from between $25 and $100 and between $50 and $100.

According to the Justice Policy Institute, at least four states have similar laws defining school bus stops as drug-free zones. Two of these limit the definition to when children are present as would the West Virginia law.

A 2006 paper by the institute found drug-free zones "failed entirely to accomplish their primary objective of driving activity away from schoolchildren." Instead, the research group found the wide and oftentimes overlapping area around schools defined as drug-free zones turned entire communities into prohibited zones, "erasing the very distinction between school and non-school areas."

But Klempa said law enforcement in his hometown of Wheeling believe the laws have been effective in decreasing crime activity around schools. People know there is additional incarceration time when they’re around children, Klempa said.

In fact, Klempa said he was disappointed that the a House committee had decreased the distance around a school bus stop that would be encompassed in the drug free zone from 1,000 feet to 100.

"I’m 57 years old, and I can see further than 100 feet." Klempa said.