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Bill 1179

                    Current Status

Bill Number:                      1179
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020403
Primary Sponsor:                  Thomas
All Sponsors:                     Thomas
Drafted Document Number:          l:\council\bills\ggs\22459cm02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Law enforcement vehicle pursuits of 
                                  speeding vehicles, high-speed chase policies 
                                  to be adopted


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020403  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4705 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO PURSUES A VEHICLE THAT EXCEEDS THE SPEED LIMIT OR WHO IS RESPONDING TO AN INCIDENT AT A HIGH RATE OF SPEED, MUST ACTIVATE HIS SIREN AND BLUE LIGHT UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE CERTAIN EXCEPTIONS, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST COMPILE A STATEWIDE REPORT OF ALL VEHICLE PURSUITS, AND TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO PURSUES A SPEEDING MOTOR VEHICLE OR WHO IS RESPONDING TO AN INCIDENT AT A HIGH RATE OF SPEED, MUST RECEIVE CERTAIN TRAINING; TO AMEND SECTION 16-17-720, RELATING TO IMPERSONATING A LAW ENFORCEMENT OFFICER, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO IMPERSONATE A LAW ENFORCEMENT OFFICER BY DEPLOYING A BLUE LIGHT AND ENGAGING IN A HIGH-SPEED MOTOR VEHICLE CHASE, AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 56-5-760, RELATING TO THE OPERATION OF AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT EACH MUNICIPAL AND COUNTY LAW ENFORCEMENT AGENCY AND THE STATE HIGHWAY PATROL MUST ADOPT A HIGH-SPEED CHASE POLICY BY JANUARY 1, 2003, WHICH MUST BE FILED WITH THE DEPARTMENT OF PUBLIC SAFETY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-4705. (A) A law enforcement officer who pursues a motor vehicle that exceeds the posted speed limit or is responding to an incident at a high rate of speed, must activate his siren and blue light during the pursuit, except when his vehicle is being used to:

(1) obtain evidence of a speeding violation;

(2) respond to a suspected crime in progress when use of an audible or visible signal, or both, could reasonably result in the destruction of evidence or escape of a suspect; or

(3) surveil another vehicle or its occupants who are suspected of involvement in a crime.

(B) Each law enforcement agency must compile an annual report of each incident in which a law enforcement officer pursues a vehicle that exceeds the speed limit to determine whether the agency complies with the provisions contained in Section 56-5-760(F). Each law enforcement agency must submit its annual report to the Department of Public Safety which must compile a statewide annual report of instances in which law enforcement officers pursue vehicles that exceed the speed limit. The department shall make its annual report available for review by the public.

(C) A law enforcement officer who pursues a motor vehicle that exceeds the posted speed limit or who responds to an incident at a high rate of speed must have received prior training in high-speed chase pursuits as prescribed by the Department of Public Safety."

SECTION 2. Section 16-17-720 of the 1976 Code is amended to read:

"Section 16-17-720. (A) It shall be is unlawful for any a person other than a duly authorized law-enforcement law enforcement officer to represent to any another person that he is a law-enforcement law enforcement officer and, acting upon such this representation, to arrest or detain any a person, search any a building or automobile, or in any way impersonate a law-enforcement law enforcement officer, or act in accordance with the authority commonly given to such law enforcement officers. Nothing in this section shall be construed to prohibit a private citizen from making a citizen's arrest in accordance with the laws of this State.

Any A person violating who violates the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than five hundred dollars, or imprisoned for not more than one year.

(B) Notwithstanding the provisions contained in subsection (A), a person who impersonates a law enforcement officer by deploying a blue light on his motor vehicle and engaging in a high-speed motor vehicle chase is guilty of a felony and, upon conviction:

(1) for a first offense must be imprisoned not more than five years;

(2) for a second offense must be imprisoned not more than ten years."

SECTION 3. Section 56-5-760 of the 1976 Code is amended to read:

"Section 56-5-760. (A) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions of this section.

(B) The driver of an authorized emergency vehicle may:

(1) park or stand, notwithstanding any other provision of this chapter;

(2) proceed past a red or stop signal or stop sign but only after slowing down as may be necessary for safe operation;

(3) exceed the maximum speed limit if he does not endanger life or property;

(4) disregard regulations governing direction of movement or turning in specified directions.

(C) The exemptions in this section granted to an authorized emergency vehicle apply only when the vehicle is making use of an audible signal meeting the requirements of Section 56-5-4970 and visual signals meeting the requirements of Section 56-5-4700 of this chapter, except that an authorized emergency vehicle operated as a police vehicle need not use an audible signal nor display a visual signal when the vehicle is being used to:

(1) obtain evidence of a speeding violation;

(2) respond to a suspected crime in progress when use of an audible or visual signal, or both, could reasonably result in the destruction of evidence or escape of a suspect; or

(3) surveil another vehicle or its occupants who are suspected of involvement in a crime.

(D) The provisions of this section do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons.

(E) The Criminal Justice Academy shall promulgate regulations pursuant to the Administrative Procedures Act so as to provide uniform guidelines and training programs for law enforcement agencies which use emergency vehicles. Law enforcement agencies authorized to use emergency vehicles shall use the regulations developed by the Criminal Justice Academy to provide written guidelines and to provide training programs for its officers and employees regarding the operation of emergency vehicles.

(F) Each municipal and county law enforcement agency and the South Carolina Highway Patrol must adopt a high-speed chase policy and implement sufficient training for its officers who are authorized to engage in pursuits by January 1, 2003, that, at a minimum, must meet the requirements contained in the Department of Public Safety's model policy regarding high-speed pursuits. This policy must be maintained in the department's files."

SECTION 4. This act takes effect upon approval by the Governor.

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