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Current Status Bill Number:View additional legislative information at the LPITS web site.3655 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990303 Primary Sponsor:Wilkins All Sponsors:Wilkins Drafted Document Number:l:\council\bills\ggs\22189cm99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Law enforcement vehicles, failure to stop for; Motor Vehicles, Transportation Department, Traffic violations History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990303 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE FAILING TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTY PROVISION AND TO DELETE THE PROVISION WHICH ALLOWS THE EXPUNGING OF THE RECORDS OF THE ARREST AND CONVICTION OF A PERSON WHO HAS BEEN CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-750 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-5-750. (A) In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by a law enforcement vehicle by means of a siren or flashing light. An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle.
(B) A person who violates the provisions of subsection (A):
(1) for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor felony and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days one year nor more than three five years. The department must suspend the person's driver's license for at least 30 days a mandatory period of one year; or
(2) for a second or subsequent offense where no great bodily injury or death resulted from the violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years. The person's driver's license must be revoked suspended by the department for a period of one year five years from the date of the conviction.
C) A person who violates the provisions of subsection (A) and when driving performs an act forbidden by law or neglects a duty imposed by law in the driving of the vehicle:
(1) where great bodily injury resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years; or
(2) where death resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five years.
(D) The department must revoke the driver's license of any person who is convicted pursuant to subsection (C)(1) or (C)(2) for a period to include any term of imprisonment, suspended sentence, parole, or probation, plus three years.
(E) 'Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss of or impairment of the function of a bodily member or organ.
(F) After a conviction pursuant to subsection (B)(1) for a first offense, the person may, after three years from the date of completion of all terms and conditions of his sentence for the first offense, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony. If the person has had no other conviction during the three-year period following the completion of the terms and conditions of the sentence, the court shall issue an order expunging the records. No person has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division and the Department of Public Safety are required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under the Freedom of Information Act or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once."
SECTION 2. This act takes effect upon approval by the Governor.
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