H 4494 Session 111 (1995-1996)
H 4494 General Bill, By Simrill
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
revise the penalties and provide for the forfeiture of a motor vehicle upon a
conviction of wilful failure to stop when signaled by a law enforcement
vehicle.
01/24/96 House Introduced and read first time HJ-14
01/24/96 House Referred to Committee on Judiciary HJ-14
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
REVISE THE PENALTIES AND PROVIDE FOR THE
FORFEITURE OF A MOTOR VEHICLE UPON A CONVICTION
OF WILFUL FAILURE TO STOP WHEN SIGNALED BY A
LAW ENFORCEMENT VEHICLE.
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. (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 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.
(B) A person who violates the provisions of this
section is guilty of a misdemeanor felony and, upon
conviction, must be fined not less than five hundred one
thousand dollars or imprisoned not less than ninety days
one year nor more than three ten years.
The person's driver's license may be suspended not more than one
year.
(C) A motorist who wilfully fails to stop when
signaled by a law enforcement officer vehicle shall
have his license suspended for at least thirty days not
less than one year and not more than ten years and must have the
motor vehicle driven during the offense forfeited as provided in
subsections (D) and (E) if the offender is the owner of record or a
resident of the household of the owner of record. The
motor vehicle must be confiscated by the arresting officer or
another law enforcement officer of that agency at the time of arrest.
The officer shall deliver the motor vehicle to the sheriff or chief of
police of the jurisdiction where the motor vehicle was seized. The
sheriff or chief of police in possession of the motor vehicle shall
notify:
(1) the registered owner by certified mail within seventy-two
hours of the confiscation; and
(2) all lienholders of record by certified mail within ten days
of the confiscation.
Upon notification of the confiscation, the registered owner has
ten days to request a hearing before the presiding judge of the
judicial circuit or his designated hearing officer within ten days
from the date of receipt of the request. The vehicle must be
returned to the owner of record if he can show by the
preponderance of the evidence that the use of the vehicle was not
expressly or impliedly authorized.
(D) Upon the conviction of the person driving the
vehicle, or upon his plea of guilty or nolo contendere to these
offenses, the sheriff or chief of police shall initiate an action in the
Circuit Court of the county in which the vehicle was seized to
accomplish forfeiture by giving notice to owners of record,
lienholders of record, and other persons claiming an interest in the
vehicle subject to forfeiture and by giving these persons an
opportunity to appear and show why the vehicle should not be
forfeited and disposed of as provided for by this section. Failure of
a person claiming an interest in the vehicle to appear at the above
proceeding after having been given notice constitutes a waiver of
the claim; however, the failure to appear does not alter or affect the
claim of a lienholder of record. The court, after hearing, shall
order that the vehicle be forfeited to the sheriff or chief of police
and sold in the manner provided in this section, or returned to the
owner of record. The court shall order a vehicle returned to the
owner of record if it is shown by a preponderance of the evidence
that the use of the vehicle on the occasion of arrest was not either
expressly or impliedly authorized. Otherwise, the court shall order
the vehicle forfeited. Forfeiture of a vehicle is subordinate in
priority to all valid liens and encumbrances.
(E) If the person fails to file an appeal within ten days after his
conviction, the forfeited vehicle is considered abandoned and must
be disposed of as provided by Section 56-5-5640. However, if the
fair market value of the vehicle is less than five hundred dollars, it
must be sold as scrap to the highest bidder after first receiving at
least two bids."
SECTION 2. This act takes effect upon approval by the
Governor.
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