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
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