Bill Text: SC S0035 | 2011-2012 | 119th General Assembly | Introduced

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Bill Title: Failure to stop

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2011-03-07 - Referred to Subcommittee: Rankin (ch), Campsen, Coleman, Davis, Nicholson [S0035 Detail]

Download: South_Carolina-2011-S0035-Introduced.html

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A BILL

TO AMEND SECTION 56-5-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAILURE OF A DRIVER TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE THAT A DRIVER MAY PROCEED TO A REASONABLY CLOSE AND SAFE LOCATION BEFORE STOPPING.

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

SECTION    1.    Section 56-5-750(A) of the 1976 Code is amended to read:

"(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. However, a driver may proceed to a reasonably close and safe location before stopping. The driver must proceed in a safe manner, observe the posted maximum speed limit, and allow the pursuing law enforcement officer to maintain appropriate surveillance of the vehicle. Nothing in this subsection prohibits a law enforcement officer from immediately stopping a vehicle if the officer believes the driver, a passenger, the vehicle, or the manner in which the vehicle is being driven is a threat to public safety. Except as provided in this subsection, An 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."

SECTION    2.    This act takes effect upon approval by the Governor.