Current Status Bill Number:3773 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970401 Primary Sponsor:Limehouse All Sponsors:Limehouse, Seithel, Meacham, Young, Knotts, McKay, Martin, Sandifer, Gamble, Whatley, Battle, Mason, Allison, Young-Brickell, Cato, Koon, Riser, Campsen and Tripp Drafted Document Number:dka\4220cm.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Law enforcement vehicle, failure to stop for; penalties revised, Motor vehicles, Transportation, traffic violations
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970401 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 A DRIVER'S FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED TO STOP BY A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND TO DELETE THE PROVISION THAT PROVIDES FOR EXPUNGEMENT OF CERTAIN ARRESTS AND CONVICTIONS.
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 Act 459 of 1996, 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 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 subsection (A):
(1) for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor felony and, upon conviction, must be fined not less than five hundred one thousand dollars or imprisoned for not less than ninety one hundred eighty days nor more than three five years. The department must suspend the person's driver's license for at least 30 sixty 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 ten years. The person's driver's license must be revoked by the department for a period of one year two years from the date of the conviction.
(C) A person who violates the provisions of subsection (A) and when driving performs an act forbidden by law or neglects a duty imposed by law in the driving of the vehicle:
(1) where great bodily injury resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten fifteen years; or
(2) where death resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five thirty years.
(D) The department must revoke the driver's license of any person who is convicted pursuant to subsection (C)(1) or (C)(2) for a period to include any term of imprisonment, suspended sentence, parole, or probation, plus three five years.
(E) 'Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss of or impairment of the function of a bodily member or organ.
(F) After a conviction pursuant to subsection (B)(1) for a first offense, the person may, after three years from the date of completion of all terms and conditions of his sentence for the first offense, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony. If the person has had no other conviction during the three-year period following the completion of the terms and conditions of the sentence, the court shall issue an order expunging the records. No person has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division and the Department of Public Safety are required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under the Freedom of Information Act or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once."
SECTION 2. This act takes effect upon approval by the Governor.