Current Status Bill Number:3876 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950328 Primary Sponsor:Fleming All Sponsors:Fleming and Phillips Drafted Document Number:DKA\3841CM.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Law enforcement vehicle, failure to stop for
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950328 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO MAKE A VIOLATION OF THIS PROVISION A FELONY AND TO REVISE THE PENALTIES.
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 Act 184 of 1993, is further amended to read:
"Section 56-5-750. 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 make it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle.
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 and imprisoned not less than ninety days one year nor more than three five 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."
SECTION 2. This act takes effect upon approval by the Governor.