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H. 4491
STATUS INFORMATION
General Bill
Sponsors: Reps. Mahaffey, Davenport, Gullick, Hamilton, Leach, Littlejohn, Moss, Phillips, Spires and Talley
Document Path: l:\council\bills\ms\7472ahb08.doc
Introduced in the House on January 16, 2008
Currently residing in the House Committee on Judiciary
Summary: Eluding a law enforcement officer
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/16/2008 House Introduced and read first time HJ-6 1/16/2008 House Referred to Committee on Judiciary HJ-6
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-755 SO AS TO CREATE THE OFFENSE OF ELUDING A LAW ENFORCEMENT OFFICER AFTER A LAWFUL STOP AND TO PROVIDE FOR PENALTIES AND SUSPENSION OF THE PERSON'S DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-755. (A) In addition to the provisions of Section 56-5-750, it is unlawful for a motor vehicle driver to attempt to elude a law enforcement officer in the lawful performance of his duties by operating a motor vehicle on a road, street, or highway of the State and initially stopping when signaled by a law enforcement officer by means of a siren or flashing light and subsequently driving away from the lawful stop.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both. The person's driver's license must be suspended by the department for a period of one year 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) when great bodily injury results, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years; or
(2) when death results, is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five years.
(D) The department must revoke the driver's license of a person who is convicted pursuant to subsection (C)(1) or (C)(2) for a period to include the term of imprisonment, suspended sentence, parole, or probation, plus three years.
(E) As used in this section, '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."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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