South Carolina General Assembly
119th Session, 2011-2012

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Indicates Matter Stricken
Indicates New Matter

S. 35

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell, Verdin and Rankin
Document Path: l:\s-jud\bills\mcconnell\jud0011.jjg.docx

Introduced in the Senate on January 11, 2011
Currently residing in the Senate Committee on Judiciary

Summary: Failure to stop

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/1/2010  Senate  Prefiled
   12/1/2010  Senate  Referred to Committee on Judiciary
   1/11/2011  Senate  Introduced and read first time (Senate Journal-page 21)
   1/11/2011  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 21)
    3/7/2011  Senate  Referred to Subcommittee: Rankin (ch), Campsen, Coleman, 
                        Davis, Nicholson

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/1/2010

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

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.

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