Current Status Bill Number:4494 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960124 Primary Sponsor:Simrill All Sponsors:Simrill Drafted Document Number:dka\3567cm.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Law enforcement, failure to stop for
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960124 Introduced, read first time, 25 HJ
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 FOR THE FORFEITURE OF A MOTOR VEHICLE UPON A CONVICTION OF WILFUL FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE.
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. 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 this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than five hundred one thousand dollars or imprisoned not less than ninety days one year nor more than three ten years. The person's driver's license may be suspended not more than one year.
(C) A motorist who wilfully fails to stop when signaled by a law enforcement officer vehicle shall have his license suspended for at least thirty days not less than one year and not more than ten years and must have the motor vehicle driven during the offense forfeited as provided in subsections (D) and (E) if the offender is the owner of record or a resident of the household of the owner of record. The motor vehicle must be confiscated by the arresting officer or another law enforcement officer of that agency at the time of arrest. The officer shall deliver the motor vehicle to the sheriff or chief of police of the jurisdiction where the motor vehicle was seized. The sheriff or chief of police in possession of the motor vehicle shall notify:
(1) the registered owner by certified mail within seventy-two hours of the confiscation; and
(2) all lienholders of record by certified mail within ten days of the confiscation.
Upon notification of the confiscation, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer within ten days from the date of receipt of the request. The vehicle must be returned to the owner of record if he can show by the preponderance of the evidence that the use of the vehicle was not expressly or impliedly authorized.
(D) Upon the conviction of the person driving the vehicle, or upon his plea of guilty or nolo contendere to these offenses, the sheriff or chief of police shall initiate an action in the Circuit Court of the county in which the vehicle was seized to accomplish forfeiture by giving notice to owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the vehicle should not be forfeited and disposed of as provided for by this section. Failure of a person claiming an interest in the vehicle to appear at the above proceeding after having been given notice constitutes a waiver of the claim; however, the failure to appear does not alter or affect the claim of a lienholder of record. The court, after hearing, shall order that the vehicle be forfeited to the sheriff or chief of police and sold in the manner provided in this section, or returned to the owner of record. The court shall order a vehicle returned to the owner of record if it is shown by a preponderance of the evidence that the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized. Otherwise, the court shall order the vehicle forfeited. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances.
(E) If the person fails to file an appeal within ten days after his conviction, the forfeited vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640. However, if the fair market value of the vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids."
SECTION 2. This act takes effect upon approval by the Governor.