Bill 438

                    Current Status

Bill Number:                    438
Ratification Number:            105
Act Number:                     65
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19950131
Primary Sponsor:                Alexander 
All Sponsors:                   Alexander 
Drafted Document Number:        dka\3637cm.95
Date Bill Passed both Bodies:   19950525
Date of Last Amendment:         19950523
Governor's Action:              S
Date of Governor's Action:      19950612
Subject:                        Law enforcement vehicle, failure to
                                stop for

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19950612  Act No. A65
------  19950612  Signed by Governor
------  19950606  Ratified R105
Senate  19950525  Concurred in House amendment, 
                  enrolled for ratification
House   19950524  Read third time, returned to Senate
                  with amendment
House   19950523  Amended, read second time
House   19950518  Committee report: Favorable with         25 HJ
                  amendment
House   19950425  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19950420  Read third time, sent to House
Senate  19950419  Amended, read second time
Senate  19950418  Committee report: Favorable with         11 SJ
                  amendment
Senate  19950131  Introduced, read first time,             11 SJ
                  referred to Committee

(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.