Indicates Matter Stricken

Indicates New Matter

 

Recalled

April 16, 2025

 

H. 3127

 

Introduced by Reps. Robbins, Wooten, Lawson, Pope, Chapman, Pedalino, W. Newton, Sanders, Duncan, Hixon, Taylor, Gagnon, Oremus, Hartz, Davis, M. M. Smith, Vaughan, Williams, Erickson, Bradley, Cromer and Gilreath

 

S. Printed 4/16/25--S.

Read the first time April 15, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-750, RELATING TO FAILURE TO STOP MOTOR VEHICLES WHEN SIGNALED BY LAW ENFORCEMENT VEHICLES, SO AS TO PROVIDE THAT WHERE CERTAIN AGGRAVATING CIRCUMSTANCES OCCUR THE OFFENDER IS GUILTY OF A FELONY, AND TO PROVIDE PENALTies.

 

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

 

SECTION 1.  Section 56-5-750(B) of the S.C. Code is amended to read:

 

    (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 Department of Motor Vehicles must suspend the person's driver's license for at least thirty days; 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. The person's driver's license must be suspended by the department for a period of one year from the date of the conviction; or

       (3) where any of the following aggravating factors occurred during the violation, the person is guilty of a felony and, upon conviction, must be imprisoned not more than ten years and have his driver's license suspended by the department for a period of one year from the date of conviction;

               (a) the person's recorded speed was in excess of one hundred miles an hour;

               (b) the person is in any violation of Article 13,Chapter 5 of Title 56;

               (c) the person threw a weapon from his vehicle;

               (d) the person threw drugs and the amount was sufficient enough to warrant a charge of possession with the intent to distribute or trafficking pursuant to Chapter 53 of Title 44;

               (e) the person drove his vehicle toward another vehicle or pursuing officer in a manner that would cause a reasonable person in a similar circumstance to experience fear or intimidation;

               (f) the person fled from the scene on foot after the pursuit ended; or

               (g) the person collided with another person during the pursuit causing great or moderate bodily injury as defined in Section 16-3-600(A).

 

SECTION 2.  This act takes effect one year after approval by the Governor.

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