CHARLESTON -- Another setback in the West Virginia Legislature this year won't deter Linda McCarthy Bailey from fighting to increase penalties for drivers who fail to stop for a school bus, she said Friday.

Bailey's motivation is personal. Her granddaughter, Haven Brooke McCarthy, 6, was killed after she stepped off her Lincoln County school bus in December 2007.

The bus had its warning lights on and its stop sign out to let the girl cross the road. Sylvia Martin, the driver of the passing vehicle, allegedly told State Police that she saw the flashing lights but didn't realize what they were, and so didn't stop until after the accident.

Legislation sponsored by Delegate Kelli Sobonya, R-Cabell, would have made the crime a felony punishable by one to three years in prison if the driver causes injury, or one to 10 if there's a death. The bill also threatens a fine in either situation.

But the legislation didn't make it out of the House Finance Committee. It was included as an amendment to HB 3105, but it died in the Senate's Education Committee.

Last year, Delegate Mary M. Poling, D-Barbour, sponsored legislation for tougher penalties for drivers who pass a stopped school bus, but that bill died in the House Education Committee.

Bailey said she was surprised the bill didn't pass this year, considering it got so much support from the House Judiciary Committee.

"I figured it was a no-brainer, and it was going to be passed," Bailey said. "I'm not sure why it didn't get looked at. It will next time."

To increase the likelihood of a bill passing next year's session, Bailey said she's going to learn more about the legislative process and work with key people to get it passed.

"None of this is going to do anything for my granddaughter because she's dead," Bailey said. "Through her death, I hoped something positive could come out of it."

Martin later pleaded guilty to misdemeanor negligent homicide, which carries a jail term of up to six months. Due to health concerns, Martin was sentenced to home confinement -- which will end next month, Bailey said.

The Associated Press contributed to this report.

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