A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "Roadway PROTECTION AND SAFETY ACT" BY ADDING SECTION 56-5-3910 SO AS TO PROVIDE DEFINITIONS, TO PROVIDE IT IS UNLAWFUL TO PARTICIPATE IN, ORGANIZE, OR BE A SPECTATOR, AIDER, OR ABETTOR OF A STREET TAKEOVER, AND PROVIDE PENALTIES.

 

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

 

SECTION 1.  This act may be cited as the "Roadway Protection and Safety Act."

 

SECTION 2.  Article 31, Chapter 5, Title 56 of the S.C. Code is amended by adding:

 

    Section 56-5-3910.     (A) As contained in this section:

       (1) "Street Takeover" means the deliberate and coordinated obstruction of a public roadway, highway, intersection, or parking lot for illegal vehicle exhibitions including, but not limited to, burnouts, drifting, doughnuts, speed contests, or other reckless driving maneuvers.

       (2) "Participant" means an individual operating a vehicle, riding as a passenger, or engaging in activities that contribute to a street takeover.

       (3) "Organizer" means a person who intentionally plans, promotes, or facilitates a street takeover, including using social media, messaging applications, text messages, telephone calls, or another form of communication. This includes a person who coordinates meeting locations, times, or other logistical details that contribute to the occurrence of a street takeover.

       (4) "Spectator" means a person who knowingly attends a street takeover for the purpose of encouraging, recording, or aiding the event.

       (5) "Aider or Abettor" means a person who assists in planning, coordinating, or physically aiding a street takeover, including blocking roads or directing vehicles.

    (B) A participant in a street takeover:

       (1) for a first offense is guilty of a felony and, upon conviction, must be fined three thousand five hundred dollars, imprisoned not more than five years, and have his driver's license suspended for six months; or

       (2) for a second or subsequent offense is guilty of a felony and, upon conviction, must be fined seven thousand five hundred dollars, imprisoned not more than ten years, and have his driver's license suspended for one year.

    (C) An organizer of a street takeover:

       (1) for a first offense is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand five hundred dollars, and imprisoned not more than six months;

       (2) for a second offense is guilty of a felony and, upon conviction, must be fined seven thousand five hundred dollars, and imprisoned not more than five years; or

       (3) for a third or subsequent offense is guilty of a felony and, upon conviction, must be fined fifteen thousand dollars, and imprisoned not more than ten years.

    (D) A spectator, aider, or abettor of a street takeover:

       (1) for a first offence is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars, imprisoned not more than thirty days, and have his driver's license suspended for thirty days;

       (2) for a second offense is guilty of a misdemeanor and, upon conviction, must be fined two thousand five hundred dollars, imprisoned not more than sixty days, and have his driver's license suspended for six months; or

       (3) for a third or subsequent offense is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars, imprisoned not more than one year, and have his driver's license suspended for one year.

    (E) A person convicted of a crime contained in subsections (B), or (C) who, during the commission of the crime, also:

       (1) fled a law enforcement officer during a street takeover is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years;

       (2) endangered pedestrians, law enforcement officers, or other drivers is guilty of a misdemeanor and, upon conviction, must be fined an additional five thousand dollars, and imprisoned not more than an additional year;

       (3) inflicted bodily injury upon another person is guilty of a felony and, upon conviction, must be fined an additional ten thousand dollars, and imprisoned not more than an additional five years; or

       (4) caused the death of another person is guilty of a felony and, upon conviction, must be fined an additional twenty-five thousand dollars, and imprisoned not more than an additional ten years.

    (F) It is unlawful to conduct a street takeover on private property without the owner's written consent. A property owner may request law enforcement intervention to remove a person who violates this subsection.

    (G) Any vehicle used in a street takeover must be impounded for at least thirty days.

    (H) Any vehicle involved in a second or subsequent offense must be forfeited permanently and auctioned, with proceeds used to fund public safety initiatives.

    (I) Any vehicle with illegal street racing modifications that include, but are not limited to, the use of nitrous oxide fuel or removing exhaust systems must be seized and must not be returned to the owner unless it is restored to legal standards.

    (J) No political subdivision may by ordinance, policy, or regulation reduce any penalty contained in this section.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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