Current Status Introducing Body:House Bill Number:4747 Primary Sponsor:T.C. Alexander Committee Number:25 Type of Legislation:GB Subject:Law enforcement vehicle, failure to stop for Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/3099AL.94 Introduced Date:19940216 Last History Body:House Last History Date:19940216 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:T.C. Alexander Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4747 House 19940216 Introduced, read first time, 25
referred to Committee
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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.
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.
(B) 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.
(C) A person who violates the provisions of this section and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the vehicle is guilty of a:
(1) misdemeanor and, upon conviction for a first offense if no great bodily injury or death results, 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. A motorist who wilfully fails to stop when signaled by a law enforcement officer shall have his license suspended for at least thirty days.;
(2) felony and, upon conviction for a second offense or subsequent offense in which no great bodily injury or death results, must be imprisoned not more than five years;
(3) felony and, upon conviction in which great bodily injury results, must be imprisoned not more than ten years;
(4) felony and, upon conviction in which death results, must be imprisoned not more than twenty-five years.
(D) The department shall suspend the driver's license of a person who is convicted, pleads guilty, or nolo contendere pursuant to subsections (C)(3) or (C)(4).
(E) As used in this section, `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."
SECTION 2. This act takes effect upon approval by the Governor.