South Carolina General Assembly
118th Session, 2009-2010

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S. 562

STATUS INFORMATION

General Bill
Sponsors: Senator McConnell
Document Path: l:\s-jud\bills\mcconnell\jud0039.jjg.docx

Introduced in the Senate on March 11, 2009
Introduced in the House on May 21, 2009
Currently residing in the House Committee on Judiciary

Summary: Motor vehicle stop

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/11/2009  Senate  Introduced and read first time SJ-4
   3/11/2009  Senate  Referred to Committee on Judiciary SJ-4
   3/13/2009  Senate  Referred to Subcommittee: Hutto (ch), Rose, Shoopman 
                        SJ-10
   5/14/2009  Senate  Committee report: Favorable Judiciary SJ-10
   5/19/2009  Senate  Read second time SJ-24
   5/20/2009  Senate  Read third time and sent to House SJ-63
   5/21/2009  House   Introduced and read first time HJ-4
   5/21/2009  House   Referred to Committee on Judiciary HJ-4

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/11/2009
5/14/2009

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

May 14, 2009

S. 562

Introduced by Senator McConnell

S. Printed 5/14/09--S.

Read the first time March 11, 2009.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 562) to amend Section 56-5-750, Code of Laws of South Carolina, 1976, related to the failure of a driver to stop a motor vehicle when signaled by, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

FLOYD NICHOLSON for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Public Safety indicates that this bill would have no impact on the General Fund of the State or federal and/or others funds.

LOCAL GOVERNMENT IMPACT:

There is no impact to local governments with the adoption of this bill.

Approved By:

Harry Bell

Office of State Budget

A BILL

TO AMEND SECTION 56-5-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATED TO THE FAILURE OF A DRIVER TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE THAT A DRIVER MAY PROCEED TO A REASONABLY CLOSE AND SAFE LOCATION BEFORE STOPPING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 56-5-750(A) of the 1976 Code is amended to read:

"(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. However, a driver may proceed to a reasonably close and safe location before stopping. The driver must proceed in a safe manner, observe the posted maximum speed limit, and allow the pursuing law enforcement officer to maintain appropriate surveillance of the vehicle. Nothing in this subsection prohibits a law enforcement officer from immediately stopping a vehicle if the officer believes the driver, a passenger, the vehicle, or the manner in which the vehicle is being driven is a threat to public safety. Except as provided in this subsection, An 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."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on Monday, October 10, 2011 at 12:15 P.M.