Assigned to COMPS FOR
COMMITTEE
Assigned to COMPS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
unlawful flight; vehicle impoundment
Purpose
Prohibits knowingly fleeing an unmarked law enforcement vehicle. Allows officers to remove a vehicle abandoned in an unlawful flight.
Background
A driver of a motor vehicle who willfully flees a pursuing law enforcement vehicle is guilty of a class 5 felony if the law enforcement vehicle: 1) is appropriately marked; 2) sounds an audible bell, siren or exhaust whistle while in motion; and 3) displays at least one red or red and blue light visible from 500 feet (A.R.S. §§ 28-622.01 and 28-624).
A law enforcement officer may remove a vehicle if reasonable grounds exist to believe the vehicle was stolen, lost, abandoned or otherwise unclaimed. Officers are not required to pay any charges relating to removed or impounded vehicles. Officers employed by public agencies or political subdivisions are required to inspect the removed vehicle and complete an identification form (A.R.S. § 28-4834).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Designates unlawful flight from an unmarked law enforcement vehicle as a class 5 felony if either:
a) the driver admits to knowing the vehicle was an official law enforcement vehicle; or
b) evidence shows the driver knew the vehicle was an official law enforcement vehicle.
2. Allows an officer to remove a vehicle abandoned during an unlawful flight from a pursuing law enforcement vehicle, including flight on foot or in another vehicle.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
COM 1/23/18 DP 9-0-0-0
3rd Read 2/15/18 54-5-1
Prepared by Senate Research
March 1, 2018
GH/JP/lb