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.
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