S 0503 General Bill, By Thomas, Peeler and Giese
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 56-5-755 SO AS TO ESTABLISH FELONY FLEEING AS A CRIME, AND TO PROVIDE A
 PENALTY; BY ADDING SECTION 56-5-4705 SO AS TO PROVIDE THAT A LAW ENFORCEMENT
 OFFICER WHO PURSUES A VEHICLE THAT EXCEEDS THE SPEED LIMIT OR WHO IS
 RESPONDING TO AN INCIDENT AT A HIGH RATE OF SPEED, MUST ACTIVATE HIS SIREN AND
 BLUE LIGHT UNDER CERTAIN CIRCUMSTANCES AND PROVIDE CERTAIN EXCEPTIONS, TO
 PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST COMPILE A STATEWIDE REPORT
 OF ALL VEHICLE PURSUITS, AND TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO
 PURSUES A SPEEDING MOTOR VEHICLE OR WHO IS RESPONDING TO AN INCIDENT AT A HIGH
 RATE OF SPEED, MUST RECEIVE CERTAIN TRAINING; AND TO AMEND SECTION 56-5-760,
 RELATING TO THE OPERATION OF AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE
 THAT EACH MUNICIPAL AND COUNTY LAW ENFORCEMENT AGENCY AND THE STATE HIGHWAY
 PATROL MUST ADOPT A HIGH-SPEED CHASE POLICY BY JANUARY 1, 2000, WHICH MUST BE
 FILED WITH THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE THAT A VEHICLE
 PURSUIT THAT DOES NOT COMPLY WITH THE PROVISIONS CONTAINED IN THE DEPARTMENT
 OF PUBLIC SAFETY'S MODEL POLICY REGARDING HIGH-SPEED PURSUITS IS PROHIBITED
 AND THE PURSUIT IS CONSIDERED GROSSLY NEGLIGENT BEHAVIOR.

   02/17/99  Senate Introduced and read first time SJ-4
   02/17/99  Senate Referred to Committee on Judiciary SJ-4

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-755 SO AS TO ESTABLISH FELONY FLEEING AS A CRIME, AND TO PROVIDE A PENALTY; BY ADDING SECTION 56-5-4705 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO PURSUES A VEHICLE THAT EXCEEDS THE SPEED LIMIT OR WHO IS RESPONDING TO AN INCIDENT AT A HIGH RATE OF SPEED, MUST ACTIVATE HIS SIREN AND BLUE LIGHT UNDER CERTAIN CIRCUMSTANCES AND PROVIDE CERTAIN EXCEPTIONS, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST COMPILE A STATEWIDE REPORT OF ALL VEHICLE PURSUITS, AND TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO PURSUES A SPEEDING MOTOR VEHICLE OR WHO IS RESPONDING TO AN INCIDENT AT A HIGH RATE OF SPEED, MUST RECEIVE CERTAIN TRAINING; AND TO AMEND SECTION 56-5-760, RELATING TO THE OPERATION OF AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT EACH MUNICIPAL AND COUNTY LAW ENFORCEMENT AGENCY AND THE STATE HIGHWAY PATROL MUST ADOPT A HIGH-SPEED CHASE POLICY BY JANUARY 1, 2000, WHICH MUST BE FILED WITH THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE THAT A VEHICLE PURSUIT THAT DOES NOT COMPLY WITH THE PROVISIONS CONTAINED IN THE DEPARTMENT OF PUBLIC SAFETY'S MODEL POLICY REGARDING HIGH-SPEED PURSUITS IS PROHIBITED AND THE PURSUIT IS CONSIDERED GROSSLY NEGLIGENT BEHAVIOR.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-755. A person is guilty of felony fleeing if he intends to avoid apprehension by a law enforcement officer by operating a vehicle at a speed in excess of the posted speed limit. A person convicted of felony fleeing must serve a mandatory minimum sentence of one year and must have his driver's license revoked for three years."

SECTION 2. The 1976 Code is amended by adding:

"Section 56-5-4705. (A) A law enforcement officer who pursues a motor vehicle that exceeds the posted speed limit or is responding to an incident at a high rate of speed, must activate his siren and blue light during the pursuit, except when his vehicle is being used to:

(1) obtain evidence of a speeding violation;

(2) respond to a suspected crime in progress when use of an audible or visible signal, or both, could reasonably result in the destruction of evidence or escape of a suspect; or

(3) surveil another vehicle or its occupants who are suspected of involvement in a crime.

(B) Each law enforcement agency must compile an annual report of each incident in which a law enforcement officer pursues a vehicle that exceeds the speed limit. Each law enforcement agency must submit its annual report to the Department of Public Safety which must compile a statewide annual report of instances in which law enforcement officers pursue vehicles that exceed the speed limit. The department shall make its annual report available for review by the public.

(C) A law enforcement officer who pursues a motor vehicle that exceeds the posted speed limit or who responds to an incident at a high rate of speed must have received prior training in high-speed chase pursuits as prescribed by the Department of Public Safety."

SECTION 3. Section 56-5-760 of the 1976 Code is amended to read:

"Section 56-5-760. (A) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions of this section.

(B) The driver of an authorized emergency vehicle may:

(1) park or stand, notwithstanding any other provision of this chapter;

(2) proceed past a red or stop signal or stop sign but only after slowing down as may be necessary for safe operation;

(3) exceed the maximum speed limit if he does not endanger life or property;

(4) disregard regulations governing direction of movement or turning in specified directions.

(C) The exemptions in this section granted to an authorized emergency vehicle apply only when the vehicle is making use of an audible signal meeting the requirements of Section 56-5-4970 and visual signals meeting the requirements of Section 56-5-4700 of this chapter, except that an authorized emergency vehicle operated as a police vehicle need not use an audible signal nor display a visual signal when the vehicle is being used to:

(1) obtain evidence of a speeding violation;

(2) respond to a suspected crime in progress when use of an audible or visual signal, or both, could reasonably result in the destruction of evidence or escape of a suspect; or

(3) surveil another vehicle or its occupants who are suspected of involvement in a crime.

(D) The provisions of this section do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons.

(E) The Criminal Justice Academy shall promulgate regulations pursuant to the Administrative Procedures Act so as to provide uniform guidelines and training programs for law enforcement agencies which use emergency vehicles. Law enforcement agencies authorized to use emergency vehicles shall use the regulations developed by the Criminal Justice Academy to provide written guidelines and to provide training programs for its officers and employees regarding the operation of emergency vehicles.

(F) Each municipal and county law enforcement agency and the South Carolina Highway Patrol must adopt a high-speed chase policy and implement sufficient training for its officers who are authorized to engage in pursuits by January 1, 2000, that, at a minimum, must meet the requirements contained in the Department of Public Safety's model policy regarding high-speed pursuits. This policy must be maintained in the department's files.

(G) A vehicle pursuit that does not comply with the provisions contained in the Department of Public Safety's model policy regarding high-speed pursuits is prohibited and the pursuit is considered grossly negligent behavior."

SECTION 4. This act takes effect upon approval by the Governor.