2025-2026 Bill 4292 Text of Previous Version (Apr. 01, 2026)

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

Amend Title To Conform

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 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 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 with the intent to 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) "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.

(B) A participant in a street takeover:

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

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

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

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

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

(1) for a first offense is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars, imprisoned not more than thirty days, or both;

(2) for a second or subsequent offense is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars, imprisoned not more than sixty days, or both.

(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 fined not more than five hundred dollars, imprisoned not more than one 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 three thousand dollars and imprisoned not more than 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 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 ten years, in addition to the punishment provided for with the principal crime.

(F) Any vehicle used by a participant, organizer, 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.

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

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