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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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