Failure to stop a motor vehicle, the official text

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

(A38, R57, H3127)

AN ACT 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 REVISE THE PENALTIES FOR CERTAIN OFFENSES, TO CREATE AN ADDITIONAL FELONY OFFENSE WHEN A LAW ENFORCEMENT OFFICER IS LED ON A HIGH-SPEED PURSUIT, AND TO PROVIDE PENALTIES.

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

Failure to stop when signaled by law enforcement vehicles

SECTION 1. Section 56-5-750(A), (B), and (C) of the S.C. 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. 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.

(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 more than three years. The Department of Motor Vehicles must suspend the person's driver's license for at least thirty days;

(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 ten 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 the person is found to have led law enforcement upon a high-speed pursuit, the person is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years and the person's driver's license must be suspended for a period of one year from the date of conviction. For the purposes of this section, a high-speed pursuit occurs when the driver of the vehicle increases speed or takes evasive actions to avoid the pursuing law enforcement vehicle.

(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) where great bodily injury resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years; or

(2) where death resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than thirty years.

Time effective

SECTION 2. This act takes effect one year after approval of the Governor.

Ratified the 8th day of May, 2025.

Approved the 12th day of May, 2025.

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