Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 26, 2026

 

H. 4292

 

Introduced by Reps. Martin, Terribile, M. M. Smith, Robbins, Cox, Brewer, Holman, Duncan, Bailey, Lawson, Pope, Ligon, Davis, W. Newton, Guffey, Gilreath, Long, Wooten, Teeple, Montgomery, C. Mitchell and Yow

 

S. Printed 3/26/26--H.

Read the first time April 3, 2025

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 4292) to amend the South Carolina Code of Laws by enacting the "Roadway Protection and Safety Act" by adding Section 56-5-3910 so as to provide definitions, to provide, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 2, by striking Section 56-5-3910(A)(1) and (2) and inserting:

       (1) "Street Takeover" means the unauthorized deliberate and coordinated obstruction of a public roadway, street, highway, intersection, public vehicular area, private property without owner consent, or parking lot for illegal vehicle exhibitions including, but not limited to, burnouts, drifting, doughnuts, speed contests, stunts, wheelies, or other reckless driving maneuvers that show a willful and wanton disregard for the safety of persons or property.

       (2) "Participant" means an individual operating a vehicle, riding as a passenger, or engaging in activities thatwith the intent to contribute to a street takeover.

Amend the bill further, SECTION 2, by striking Section 56-5-3910(A)(4) and (5) and inserting:

       (4) "Spectator" means a person who knowingly attends a street takeover for the purpose of encouraging, recording, or aiding the event.

       (5)(4) "Aider or Abettor" means a person who assists in planning, coordinating, or physically aiding a street takeover, including, but not limited to, blocking roads, selling concessions, collecting entry fees or spectator ticket fees, or directing vehicles.

       (5) "Driving Maneuvers" means a specific, skillful movement of the vehicle.

       (6) "Burnout" means the operation of a motor vehicle where the motor vehicle is kept stationary, or is in motion, while the wheels are spun, resulting in friction which causes the motor vehicle's tires to heat up and emit smoke.

       (7) "Drifting" means the operation of a motor vehicle where the motor vehicle is steered so that it makes a controlled skid sideways through a turn with the front wheels pointed in a direction opposite to that of the turn.

       (8) "Doughnut" means the operation of a motor vehicle where the front or rear of the motor vehicle is rotated around the opposite set of wheels in a continuous motion which may cause a circular skid-mark pattern of rubber on the driving surface or the tires to heat up and emit smoke from friction, or both.

       (9) "Speed Contest" means the operation of one or more motor vehicle(s) in a competitive attempt to outgain another motor vehicle or improve one's speed or time, including racing, timed acceleration, or attempts to outperform another motor vehicle.

       (10) Wheelie" means the operation of a motor vehicle where the motor vehicle is ridden for a distance with the front wheel or wheels raised off the ground.

       (11) "Stunt" means a burnout, drifting, doughnut, wheelie, or other dangerous motor vehicle activity.

Amend the bill further, SECTION 2, by striking Section 56-5-3910(B)(1) and (2) and inserting:

       (1) for a first offense is guilty of a felonymisdemeanor and, upon conviction, must be fined three thousandnot more than five hundred dollars, imprisoned not more than five yearsone year, or both, and have his driver's license suspended for six months; or

       (2) for a second or subsequent offense is guilty of a felonymisdemeanor and, upon conviction, must be fined sevennot more than three thousand five hundred dollars, imprisoned not more than tenthree years, or bothand have his driver's license suspended for one year.

Amend the bill further, SECTION 2, by striking Section 56-5-3910(C)(1) and (2) and inserting:

       (1) for a first offense is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand five hundred dollars, and imprisoned not more than six monthsone year, or both; or

       (2) for a second or subsequent offense is guilty of a felonymisdemeanor and, upon conviction, must be fined sevennot more than three thousand five hundred dollars, and imprisoned not more than fivethree years, or both.; or

       (3) for a third or subsequent offense is guilty of a felony and, upon conviction, must be fined fifteen thousand dollars, and imprisoned not more than ten years.

Amend the bill further, SECTION 2, by striking Section 56-5-3910(D) and inserting:

    (D) A spectator,An aider, or abettor of a street takeover:

       (1) for a first offence is guilty of a misdemeanor and, upon conviction, must be fined one thousandnot more than one hundred dollars, imprisoned not more than thirty days, or bothand have his driver's license suspended for thirty days;

       (2) for a second offense or subsequent offense is guilty of a misdemeanor and, upon conviction, must be fined two thousand not more than five hundred dollars, imprisoned not more than sixty days, or both.and have his driver's license suspended for six months; or

       (3) for a third or subsequent offense is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars, imprisoned not more than one year, and have his driver's license suspended for one year.

Amend the bill further, SECTION 2, by striking Section 56-5-3910(E)(1), (2), (3), and (4) and inserting:

       (1) fled a law enforcement officer during a street takeover is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars, imprisoned not more than two yearsone year, in addition to the punishment provided for with the principal crime;

       (2) endangered pedestrians, law enforcement officers, or other drivers is guilty of a misdemeanor and, upon conviction, must be fined up to an additional fivethree thousand dollars, and imprisoned not more than an additional one year, in addition to the punishment provided for with the principal crime;

       (3) inflicted bodily injury upon another person is guilty of a felony and, upon conviction, must be fined an additional ten thousand dollars, and imprisoned not more than an additional five years, in addition to the punishment provided for with the principal crime; or

       (4) caused the death of another person is guilty of a felony and, upon conviction, must be fined an additional twenty-five thousand dollars, and imprisoned not more than an additional ten years, in addition to the punishment provided for with the principal crime.

Amend the bill further, SECTION 2, by striking Section 56-5-3910(F), (G), (H), (I), and (J) and inserting:

    (F) It is unlawful to conduct a street takeover on private property without the owner's written consent. A property owner may request law enforcement intervention to remove a person who violates this subsection.

    (G) Any vehicle used in a street takeover must be impounded for at least thirty days.

    (H) Any vehicle involved in a second or subsequent offense must be forfeited permanently and auctioned, with proceeds used to fund public safety initiatives.

    (I) Any vehicle with illegal street racing modifications that include, but are not limited to, the use of nitrous oxide fuel or removing exhaust systems must be seized and must not be returned to the owner unless it is restored to legal standards.

    (J) No political subdivision may by ordinance, policy, or regulation reduce any penalty contained in this section.

    (F) Any vehicle used by a participant, organizer, spectator, or an aider and abettor during a street takeover, shall be seized by the responding law enforcement agency. Within ten days of seizure of such vehicle, the seizing agency shall provide written notice of such seizure to any owner or lienholder of the vehicle. Upon request, the seized vehicle may be returned to the owner or lienholder of the vehicle at the discretion of the responding law enforcement agency. Prior to release, the owner or lienholder shall pay any fees associated with the seizure of the vehicle, to include, but not be limited to, reasonable towing and storage fees. If the owner or lienholder of a seized vehicle fails to claim the vehicle and pay outstanding fees within thirty days of receipt of notice of seizure from the seizing agency, the vehicle shall be forfeited to the seizing agency and title to the vehicle shall transfer to the seizing law enforcement agency. The law enforcement agency may use the vehicle within the agency or sell the vehicle and use the proceeds to fund law enforcement activities.

    (G) Any seized vehicle that was used by an individual convicted of a crime contained in this section shall be forfeited and title to the vehicle shall transfer to the law enforcement agency that initiated charges against the individual. The law enforcement agency may use the vehicle within the agency or sell the vehicle and use the proceeds to fund law enforcement activities.

    (H) Any vehicle with illegal street racing modifications is not legal to operate on a public roadway, street, highway, intersection, public vehicular area, or parking lot. Such a vehicle shall immediately be forfeited to law enforcement upon a conviction for use of that vehicle in a street takeover.

    (I) No political subdivision may by ordinance, policy, or regulation reduce any penalty contained in this section.

    (K) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, an offense punishable under this section, unless the person is charged with subsection (E) along with an underlying offense, may be tried in magistrates or municipal court.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill creates the Roadway Protection and Safety Act and establishes penalties for participating in, organizing, and spectating, aiding, or abetting a "street takeover," defined as the deliberate and coordinated obstruction of a public roadway, highway, intersection, or parking lot for illegal vehicle exhibitions including, but not limited to, burnouts, drifting, doughnuts, speed contests, or other reckless driving maneuvers. Participating in a street takeover constitutes a felony punishable by a fine, a term of imprisonment, and driver's license suspension. Organizing a street takeover constitutes, for a first offense, a misdemeanor punishable by a fine and a term of imprisonment; a second or subsequent offense constitutes a felony punishable by a fine and a term of imprisonment. Spectating, aiding, or abetting a street takeover is a misdemeanor offense punishable by a fine, a term of imprisonment, and driver's license suspension. The bill also provides for enhanced penalties for participating in or organizing a street takeover when the offender was fleeing law enforcement or endangered, inflicted bodily injury upon, or caused the death of another person. The bill provides that vehicles used in a street takeover are subject to impoundment or permanent forfeiture. Forfeited vehicles may be auctioned to fund public safety initiatives. The penalties established by the bill may not be reduced.

This bill may result in an increase in the number of cases in circuit court and potentially the number of incarcerations, due to the newly created offenses, which may increase the workload of the court system and CID, PPP, CPC, and Corrections. The potential increase in expenses for Judicial and each agency will depend upon the increase in the number of cases and number of incarcerations. The agencies anticipate that the potential increase in caseload can be managed within existing appropriations. Judicial anticipates that the potential impact of the caseload in circuit court can be managed within existing appropriations. However, if the bill has an unanticipated impact on caseloads or downstream expenses, Judicial and these agencies will request an increase in General Fund appropriations. For information, according to Corrections, in FY 2024- 25, the annual total cost per inmate was $37,503, of which $35,696 was state funded.

 

State Revenue

This bill may result in a change in the fines and fees collected in court due to an increase in the caseload in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in a change to General Fund and Other Funds revenue due to the change in fines and fees collections in court.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "Roadway PROTECTION AND SAFETY ACT" BY ADDING SECTION 56-5-3910 SO AS TO PROVIDE DEFINITIONS, TO PROVIDE IT IS UNLAWFUL TO PARTICIPATE IN, ORGANIZE, OR BE A SPECTATOR, AIDER, OR ABETTOR OF A STREET TAKEOVER, AND TO PROVIDE PENALTIES.

 

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

 

SECTION 1.  This act may be cited as the "Roadway Protection and Safety Act."

 

SECTION 2.  Article 31, Chapter 5, Title 56 of the S.C. Code is amended by adding:

 

    Section 56-5-3910. (A) As contained in this section:

       (1) "Street Takeover" means the deliberate and coordinated obstruction of a public roadway, highway, intersection, or parking lot for illegal vehicle exhibitions including, but not limited to, burnouts, drifting, doughnuts, speed contests, or other reckless driving maneuvers.

       (2) "Participant" means an individual operating a vehicle, riding as a passenger, or engaging in activities that contribute to a street takeover.

       (3) "Organizer" means a person who intentionally plans, promotes, or facilitates a street takeover, including using social media, messaging applications, text messages, telephone calls, or another form of communication. This includes a person who coordinates meeting locations, times, or other logistical details that contribute to the occurrence of a street takeover.

       (4) "Spectator" means a person who knowingly attends a street takeover for the purpose of encouraging, recording, or aiding the event.

       (5) "Aider or Abettor" means a person who assists in planning, coordinating, or physically aiding a street takeover, including blocking roads or directing vehicles.

    (B) A participant in a street takeover:

       (1) for a first offense is guilty of a felony and, upon conviction, must be fined three thousand five hundred dollars, imprisoned not more than five years, and have his driver's license suspended for six months; or

       (2) for a second or subsequent offense is guilty of a felony and, upon conviction, must be fined seven thousand five hundred dollars, imprisoned not more than ten years, and have his driver's license suspended for one year.

    (C) An organizer of a street takeover:

       (1) for a first offense is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand five hundred dollars, and imprisoned not more than six months;

       (2) for a second offense is guilty of a felony and, upon conviction, must be fined seven thousand five hundred dollars, and imprisoned not more than five years; or

       (3) for a third or subsequent offense is guilty of a felony and, upon conviction, must be fined fifteen thousand dollars, and imprisoned not more than ten years.

    (D) A spectator, aider, or abettor of a street takeover:

       (1) for a first offence is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars, imprisoned not more than thirty days, and have his driver's license suspended for thirty days;

       (2) for a second offense is guilty of a misdemeanor and, upon conviction, must be fined two thousand five hundred dollars, imprisoned not more than sixty days, and have his driver's license suspended for six months; or

       (3) for a third or subsequent offense is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars, imprisoned not more than one year, and have his driver's license suspended for one year.

    (E) A person convicted of a crime contained in subsections (B), or (C) who, during the commission of the crime, also:

       (1) fled a law enforcement officer during a street takeover is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years;

       (2) endangered pedestrians, law enforcement officers, or other drivers is guilty of a misdemeanor and, upon conviction, must be fined an additional five thousand dollars, and imprisoned not more than an additional year;

       (3) inflicted bodily injury upon another person is guilty of a felony and, upon conviction, must be fined an additional ten thousand dollars, and imprisoned not more than an additional five years; or

       (4) caused the death of another person is guilty of a felony and, upon conviction, must be fined an additional twenty-five thousand dollars, and imprisoned not more than an additional ten years.

    (F) It is unlawful to conduct a street takeover on private property without the owner's written consent. A property owner may request law enforcement intervention to remove a person who violates this subsection.

    (G) Any vehicle used in a street takeover must be impounded for at least thirty days.

    (H) Any vehicle involved in a second or subsequent offense must be forfeited permanently and auctioned, with proceeds used to fund public safety initiatives.

    (I) Any vehicle with illegal street racing modifications that include, but are not limited to, the use of nitrous oxide fuel or removing exhaust systems must be seized and must not be returned to the owner unless it is restored to legal standards.

    (J) No political subdivision may by ordinance, policy, or regulation reduce any penalty contained in this section.

 

SECTION 3.  This act takes effect upon approval by the Governor.

----XX----