H 4594 General Bill, By Jennings, R.S. Corning and Harvin
 A Bill to amend Section 56-5-750, as amended, Code of Laws of South Carolina,
 1976, relating to failure to stop for a law enforcement vehicle, so as to
 increase the penalties.

   01/25/94  House  Introduced and read first time HJ-12
   01/25/94  House  Referred to Committee on Judiciary HJ-12

A BILL

TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO INCREASE THE PENALTIES.

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 Section 251, Act 184 of 1993, is further amended to read:

"Section 56-5-750. 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 any 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.

A person who violates the provisions of this section is guilty of a:

(1) misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned not less than ninety days nor more than three years. The person's driver's license may be suspended not more than one year.

(2) felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years if the motorist attempts to avoid the law enforcement vehicle for a distance in excess of three miles.

A motorist who wilfully fails to stop when signaled by a law enforcement officer shall have his license suspended for at least thirty days one year."

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