CHAPTER 171
(HB 1118)
Failure to stop and eluding a police officer,
elements of the crimes modified.
ENTITLED, An Act to
revise certain provisions regarding failure to stop at the command of a law
enforcement officer and regarding eluding a law enforcement officer in a vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
32-33-18
be amended to read as follows:
32-33-18.
Any driver of a
motor
vehicle who intentionally fails or refuses to bring a vehicle
to a stop,
or who otherwise flees or attempts to elude a pursuing law enforcement vehicle,
when
given visual or audible signal to bring the vehicle to a stop, is guilty of
eluding
failure to stop at
the signal of a law enforcement officer
. The signal given by the law enforcement officer may be
by hand, voice, emergency light, or siren. The officer giving the signal shall be in uniform,
prominently displaying a badge of office, and the vehicle shall be appropriately marked showing
it to be an official law enforcement vehicle.
Eluding
Failure to stop at the signal of a law enforcement officer
is a
Class 1
Class 2
misdemeanor. In addition, the court
shall
may
order that the defendant's driver's license be revoked
for
up to
one year, but may issue an order
, upon proof of financial responsibility pursuant to
§
32-
35-43.1,
allowing the defendant to operate a
motor
vehicle for purposes of the defendant's
employment, attendance at school, or counseling programs.
Any person who is found guilty of
eluding is subject to the additional enhanced penalties if the course of eluding results in:
(1)
Death or great bodily injury to another person, a Class 4 felony; and
(2)
Substantial bodily injury to another person or property damage in excess of five hundred
dollars to property belonging to a person other than the person eluding, a Class 6 felony.
For any subsequent violation, the court shall order that the defendant's driver's license be
revoked for five years.
Section
2.
That chapter
32-33
be amended by adding thereto a NEW SECTION to read as
follows:
Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to
§
32-33-18, flees from the law enforcement officer or attempts to elude the pursuit of the law
enforcement officer is guilty of eluding. Eluding is a Class 1 misdemeanor. In addition, the court
may order that the defendant's driver's license be revoked for up to one year, but may issue an
order, upon proof of financial responsibility pursuant to
§
32-35-43.1, allowing the defendant to
operate a vehicle for purposes of the defendant's employment, attendance at school, or counseling
programs.
Section
3.
That chapter
32-33
be amended by adding thereto a NEW SECTION to read as
follows:
Any driver of a vehicle who flees from a law enforcement officer or attempts to elude the
pursuit of a law enforcement officer is guilty of aggravated eluding if, at any time during the flight
or pursuit, the driver operates the vehicle in a manner that constitutes an inherent risk of death or
serious bodily injury to any third person.
Aggravated eluding is a Class 6 felony. In addition, the court may order that the defendant's
driver's license be revoked for up to one year, but may issue an order, upon proof of financial
responsibility pursuant to
§
32-35-43.1, allowing the defendant to operate a vehicle for purposes
of the defendant's employment, attendance at school, or counseling programs. For any subsequent
aggravated eluding violation, the court shall order that the defendant's driver's license be revoked
for five years.
Signed February 14, 2006