Current Amendment: 2 to Bill 4292
Rep. PACE proposes the following amendment (LC-4292.CM0002H):
Amend the bill, as and if amended, SECTION 2, by striking Section 56-5-3910(F), (G), (H), and (I) and inserting:
(F) (1) It is unlawful for any person to willfully obstruct the free, convenient, and normal use of a public roadway, street, highway, intersection, or parking lot by impeding, hindering, restraining, or endangering traffic or passage thereon, or by standing or remaining in the roadway, when such obstruction occurs as part of or during the commission of a riot as defined and punishable under Sections 16-5-120 and 16-5-130.
(2) A person who violates this subsection by force, threat of force, or in a manner that endangers the safe movement of any vehicle traveling on a public roadway, street, or highway commits the offense of aggravated roadway obstruction during a riot.
(3) A person who commits a violation of this subsection is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than five years, and fined not more than ten thousand dollars, or both. This penalty is in addition to any other penalties provided under this section or under Sections 16-5-120 and 16-5-130.
(4) This subsection does not prohibit a local governmental entity from issuing a special event permit as authorized by law, nor does it apply to persons peaceably assembling for lawful purposes of protest or petition as protected by the South Carolina or United States Constitutions.
(5) For purposes of this subsection, "riot" has the same meaning as in Section 16-5-130.
(F)(G) Any vehicle used by a participant, organizer, spectator, or an aider and abettor during a street takeover, shall be seized by the responding law enforcement agency. Within ten days of seizure of such vehicle, the seizing agency shall provide written notice of such seizure to any owner or lienholder of the vehicle. Upon request, the seized vehicle may be returned to the owner or lienholder of the vehicle at the discretion of the responding law enforcement agency. Prior to release, the owner or lienholder shall pay any fees associated with the seizure of the vehicle, to include, but not be limited to, reasonable towing and storage fees. If the owner or lienholder of a seized vehicle fails to claim the vehicle and pay outstanding fees within thirty days of receipt of notice of seizure from the seizing agency, the vehicle shall be forfeited to the seizing agency and title to the vehicle shall transfer to the seizing law enforcement agency. The law enforcement agency may use the vehicle within the agency or sell the vehicle and use the proceeds to fund law enforcement activities.
(G)(H) Any seized vehicle that was used by an individual convicted of a crime contained in this section shall be forfeited and title to the vehicle shall transfer to the law enforcement agency that initiated charges against the individual. The law enforcement agency may use the vehicle within the agency or sell the vehicle and use the proceeds to fund law enforcement activities.
(H)(I) Any vehicle with illegal street racing modifications is not legal to operate on a public roadway, street, highway, intersection, public vehicular area, or parking lot. Such a vehicle shall immediately be forfeited to law enforcement upon a conviction for use of that vehicle in a street takeover.
(I)(J) No political subdivision may by ordinance, policy, or regulation reduce any penalty contained in this section.
Renumber sections to conform.
Amend title to conform.