REFERENCE TITLE: evading arrest or detention

 

 

 

State of Arizona

Senate

Fiftieth Legislature

Second Regular Session

2012

 

 

SB 1303

 

Introduced by

Senator Antenori; Representatives Gowan, Smith D, Stevens: Senators Biggs, Burges, McComish, Murphy, Shooter; Representatives Hale, Harper, Judd, McLain, Montenegro, Proud, Robson, Vogt

 

 

AN ACT

 

amending title 13, chapter 25, Arizona Revised Statutes, by adding section 13-2515; relating to arrest.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 13, chapter 25, Arizona Revised Statutes, is amended by adding section 13-2515, to read:

START_STATUTE13-2515.  Evading arrest or detention; classification

A.  A person commits evading arrest or detention by intentionally fleeing from another person who is reasonably known to him to be a peace officer acting under color of the peace officer's official authority and who is attempting to lawfully arrest or detain the person.

B.  This section does not apply to a person who uses a motor vehicle to flee.

C.  Subsection D, paragraphs 1 and 2 do not apply to a person if the death or injury of the other person occurs as a result of an underlying illness or physical condition.

D.  Evading arrest or detention is a class 1 misdemeanor, except that it is:

1.  A class 2 felony if the offense involves the death of another person as a direct result of an attempt by the peace officer from whom the person is fleeing to arrest or detain the person for a felony offense while the person is in flight.

2.  A class 3 felony if the offense involves serious bodily injury to another person as a direct result of an attempt by the peace officer from whom the person is fleeing to arrest or detain the person for a felony offense while the person is in flight. END_STATUTE