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.

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