ARIZONA HOUSE OF REPRESENTATIVES

HB 2384: unlawful flight; vehicle impoundment

PRIME SPONSOR: Representative Clodfelter, LD 10

BILL STATUS: Chaptered

Abstract

Relating to the unlawful flight from law enforcement.

Provisions

1. Expands the offense of unlawful flight from law enforcement to include a person who flees or attempts to elude an unmarked law enforcement vehicle, if:

a. The driver admits to knowing it was a law enforcement vehicle; or

b. Evidence shows that the driver knew that it was a law enforcement vehicle. (Sec 1)

2. Allows an officer to have a vehicle removed if the driver:

a. Commits unlawful flight from law enforcement;

b. Leaves the vehicle; and

c. Continues to flee by other means, including on foot or in another vehicle. (Sec 2)

3. Makes conforming changes. (Sec 1)

Current Law

A.R.S. § 28-622.01 prohibits willfully fleeing or attempting to elude a pursuing law enforcement vehicle and classifies the offense as a Class 5 felony (1.5 years/up to $150,000 plus surcharges). The offense only applies if the law enforcement vehicle is appropriately marked and meets the criteria outlined in A.R.S. § 28-624:

· The vehicle has at least one lighted lamp with a red or blue light visible from 500 feet in front of the vehicle (for police vehicles, the light doesn't have to be visible from the front of the vehicle); and

· The driver of the vehicle sounds an audible signal (bell, siren or exhaust).

A.R.S. § 28-4834 allows an officer who has reasonable grounds to believe that a vehicle has been lost, stolen, abandoned or otherwise unclaimed to have the vehicle removed (towed) from any street, highway, public land or private property.   The officer must inspect the vehicle, fill out the vehicle identification form and inquire as to whether the vehicle is stolen.

---------- DOCUMENT FOOTER ---------

Fifty-third Legislature                  HB 2384

Second Regular Session                               Version 4: Chaptered

---------- DOCUMENT FOOTER ---------