S*438 Session 111 (1995-1996)
S*0438(Rat #0105, Act #0065 of 1995) General Bill, By Alexander
Similar(S 241, H 3876)
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 definitions, and to allow for the expunging
of certain records of arrest and conviction.-amended title
01/31/95 Senate Introduced and read first time SJ-6
01/31/95 Senate Referred to Committee on Judiciary SJ-6
04/18/95 Senate Committee report: Favorable with amendment
Judiciary SJ-30
04/19/95 Senate Amended SJ-123
04/19/95 Senate Read second time SJ-123
04/20/95 Senate Read third time and sent to House SJ-21
04/25/95 House Introduced and read first time HJ-11
04/25/95 House Referred to Committee on Judiciary HJ-11
05/18/95 House Committee report: Favorable with amendment
Judiciary HJ-35
05/23/95 House Amended HJ-148
05/23/95 House Read second time HJ-149
05/24/95 House Read third time and returned to Senate with
amendments HJ-10
05/25/95 Senate Concurred in House amendment and enrolled SJ-23
06/06/95 Ratified R 105
06/12/95 Signed By Governor
06/12/95 Effective date 06/12/95
08/10/95 Copies available
08/10/95 Act No. 65
(A65, R105, S438)
AN ACT 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 DEFINITIONS, AND TO
ALLOW FOR THE EXPUNGING OF CERTAIN RECORDS OF
ARREST AND CONVICTION.
Be it enacted by the General Assembly of the State of South
Carolina:
Failure to stop; penalty revised; definitions provided
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 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 subsection (A):
(1) for a first offense where no great bodily injury or death resulted
from the violation, 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 nor more than three years. The person's driver's
license may be suspended for a period not to exceed one year; or
(2) for a second or subsequent offense where no great bodily injury
or death resulted from the violation, is guilty of a felony and, upon
conviction, must be imprisoned for not more than five years.
Notwithstanding any other provision of law, the person's driver's license
must be suspended for a period of one year from the date of the
conviction.
(C) A person who violates the provisions of subsection (A) and when
driving performs an act forbidden by law or neglects a duty imposed by
law in the driving of the vehicle:
(1) where great bodily injury resulted, is guilty of a felony and,
upon conviction, must be imprisoned for not more than ten years; or
(2) where death resulted, is guilty of a felony and, upon conviction,
must be imprisoned for not more than twenty-five years.
(D) The department must suspend the driver's license of any person
who is convicted, pleads guilty, or nolo contendere pursuant to subsection
(C)(1) or (C)(2) for a period to include any term of imprisonment,
suspended sentence, parole, or probation, plus three years.
(E) `Conviction' means any conviction, guilty plea, or plea of nolo
contendere.
(F) `Great bodily injury' means bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement, or protracted loss of or impairment of the function of a
bodily member or organ.
(G) After a conviction pursuant to subsection (B)(1) for a first
offense, the person may, after three years from the date of completion of
all terms and conditions of his sentence for the first offense, apply, or
cause someone acting on his behalf to apply, to the court for an order
expunging the records of the arrest and conviction. This provision does
not apply to any crime classified as a felony. If the person has had no
other conviction during the three-year period following the completion of
the terms and conditions of the sentence, the court shall issue an order
expunging the records. No person has any rights under this section more
than one time. After the expungement, the South Carolina Law
Enforcement Division is required to keep a nonpublic record of the
offense and the date of its expungement to ensure that no person takes
advantage of the rights permitted by this subsection more than once.
This nonpublic record is not subject to release under the Freedom of
Information Act or any other provision of law except to those authorized
law or court officials who need to know this information in order to
prevent the rights afforded by this subsection from being taken advantage
of more than once."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1995. |