H 4082 General Bill, By McMahand, M.O. Alexander, Anderson, Askins, G. Brown, 
Cobb-Hunter, L.L. Elliott, Govan, J.L. Harris, J. Hines, J.G. Mattos, M. McLeod, 
Meacham, Moody-Lawrence, Phillips, Richardson, R. Smith and D. Williams
 A Bill to amend Section 56-5-750, Code of Laws of South Carolina, 1976,
 relating to the failure to stop when signaled by a law enforcement vehicle, so
 as to provide for forfeiture of the motor vehicle driven during the violation.

   04/14/93  House  Introduced and read first time HJ-59
   04/14/93  House  Referred to Committee on Judiciary HJ-59

A BILL

TO AMEND SECTION 56-5-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE FOR FORFEITURE OF THE MOTOR VEHICLE DRIVEN DURING THE VIOLATION.

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

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

"Section 56-5-750. In the absence of mitigating circumstances, it is unlawful for any a motor vehicle driver, while driving on any 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. Any 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. Any A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days, and in the discretion of the judge his driver's license may be suspended for a period not to exceed more than one year. Any Upon conviction, a motorist who wilfully fails to stop when signaled by a law enforcement officer shall must have his license suspended for at least thirty days and must have the motor vehicle he drove during the violation forfeited and confiscated, if the motorist is the owner of record or a resident of the household of the owner of record, under the terms and conditions provided in Section 56-5-6240."

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