Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 26, 2025

 

H. 3127

 

Introduced by Reps. Robbins, Wooten, Lawson, Pope, Chapman, Pedalino, W. Newton, Sanders and Duncan

 

S. Printed 2/26/25--H.

Read the first time January 14, 2025

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 3127) to amend the South Carolina Code of Laws by amending Section 56-5-750, relating to failure to stop motor vehicles when signaled by law enforcement vehicles, so as, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 56-5-750(B)(3)(b) and inserting:

               (b) the person was driving on the wrong side of the roadis in any violation of Article 13, Chapter 5 of Title 56;

Amend the bill further, SECTION 1, by striking Section 56-5-750(B)(3)(d), (e), and (f) and inserting:

               (d) the person drove his vehicle toward another vehicle or pursuing officer in a manner to purposely scare another person or intimidate a pursuing officer that would cause a reasonable person in a similar circumstance to experience fear or intimidation;

               (e) the person fled from the scene on foot after the pursuit ended; or

               (f) the person collided with another person during the pursuit causing great or moderate bodily injury as defined in Section 16-3-600(A); or

               (g) the person was involved in a collision that resulted in property damage.

Amend the bill further, by striking SECTION 2 and inserting:

SECTION 2.  This act takes effect one year afterupon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill provides that when a motor vehicle driver fails to stop after being signaled by a law enforcement vehicle and certain aggravating circumstances occur, the offender is guilty of a felony.  Upon conviction, the offender must be imprisoned not more than ten years and have his driver's license suspended by DMV for one year from the date of conviction.

 

This bill changes the offense of failing to stop after being signaled by a law enforcement vehicle from a misdemeanor to a felony when certain aggravating circumstances occur.  As this is an existing offense with more severe penalties in certain circumstances, this bill may result in an increase caseload in General Sessions court and potentially the number of incarcerations, which may increase the workload of the court system and the Commission on Indigent Defense, the Commission for Prosecution Coordination, the Department of Corrections, and PPP.  The potential increase in expenses for each agency will depend upon the increase in the number of cases and number of incarcerations. These agencies anticipate that the potential increase in work can be managed within existing appropriations. For information, according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which $36,553 was state funded.

 

The bill charges DMV with additional responsibilities that the agency will accomplish with existing staff and resources.  Therefore, the bill will have no expenditure impact on DMV.  However, DMV indicates that the complex coding changes to its IT system will require at least twelve months to implement and test.

 

State Revenue

This bill may result in a change in the fines and fees collected in court.  Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  Therefore, RFA anticipates this bill may result in a change to General Fund and Other Funds revenue due to any change in fines and fees collections in court.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-750, RELATING TO FAILURE TO STOP MOTOR VEHICLES WHEN SIGNALED BY LAW ENFORCEMENT VEHICLES, SO AS TO PROVIDE THAT WHERE CERTAIN AGGRAVATING CIRCUMSTANCES OCCUR THE OFFENDER IS GUILTY OF A FELONY, AND TO PROVIDE PENALTies.

 

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

 

SECTION 1.  Section 56-5-750(B) of the S.C. Code is amended to read:

 

    (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 and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days nor more than three years. The Department of Motor Vehicles must suspend the person's driver's license for at least thirty 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 years. The person's driver's license must be suspended by the department for a period of one year from the date of the conviction; or

       (3) where any of the following aggravating factors occurred during the violation, the person is guilty of a felony and, upon conviction, must be imprisoned not more than ten years and have his driver's license suspended by the department for a period of one year from the date of conviction;

               (a) the person's recorded speed was in excess of one hundred miles an hour;

               (b) the person was driving on the wrong side of the road;

               (c) the person threw drugs, drug paraphernalia, or weapons from his vehicle;

               (d) the person drove his vehicle toward another vehicle in a manner to purposely scare another person or intimidate a pursuing officer;

               (e) the person fled from the scene on foot after the pursuit ended;

               (f) the person collided with another person during the pursuit; or

               (g) the person was involved in a collision that resulted in property damage.

 

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

----XX----