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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
aggravated unlawful flight; law enforcement.
Purpose
Establishes the offense of aggravated unlawful flight from a pursuing law enforcement vehicle and classifies a violation as a class 4 felony, or a class 2 felony depending on the nature of the offense.
Background
A driver of a
motor vehicle who wilfully flees or attempts to elude a pursuing law
enforcement vehicle is guilty of a class 5 felony if the law enforcement
vehicle is either: 1) being operated with flashing lights as permitted for
emergency and law enforcement vehicles; or
2) unmarked, and the driver either admits to knowing the vehicle was an
official law enforcement vehicle, or evidence shows that the driver knew the
vehicle was an official law enforcement vehicle (A.R.S.
§ 28-622.01).
A class 5 felony carries a presumptive prison sentence of 1.5 years and a fine not to exceed $150,000 to be determined by the court. A class 4 felony carries a presumptive prison sentence of 2.5 years, and a class 2 felony carries a presumptive prison sentence of 5 years (A.R.S. § 13-702 and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes that a driver of a motor vehicle commits aggravated unlawful flight from a pursing law enforcement vehicle if the driver wilfully operates a motor vehicle in a manner that endangers the life of another person while attempting to flee or elude a pursing official law enforcement vehicle that is either:
a) appropriately marked and operated in a manner permitted for law enforcement vehicles; or
b) unmarked, and the driver either admits to knowing that the vehicle was an official law enforcement vehicle, or evidence shows that the driver knew that the vehicle was an official law enforcement vehicle.
2. Classifies aggravated unlawful flight from a pursing law enforcement vehicle as a class 4 felony.
3. Classifies aggravated unlawful flight from a pursing law enforcement vehicle as a class 2 felony if:
a) the violation results in a serious physical injury to another; or
b) at the time of the offense the driver was transporting a minor under 15 years old.
4. Stipulates that a driver who commits an aggravated unlawful flight offense must be sentenced to at least the presumptive prison sentence and is not eligible for suspension of sentence, commutation or release on any basis.
5. Stipulates that a person convicted for any aggravated unlawful flight offense is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served at least four months in prison.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2023
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