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REFERENCE TITLE: aggravated unlawful flight; law enforcement. |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1200 |
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Introduced by Senator Kavanagh
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An Act
amending title 28, chapter 3, article 2, Arizona Revised Statutes, by adding section 28-622.02; relating to traffic Laws.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 28-622.02, to read:
28-622.02. Aggravated unlawful flight from a pursuing law enforcement vehicle; marked and unmarked vehicles; violation; classification
A. A driver of a motor vehicle commits aggravated unlawful flight from a pursuing 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 pursuing official law enforcement vehicle that is either:
1. Being operated in the manner prescribed in section 28-624, subsection C and is appropriately marked to show that it is an official law enforcement vehicle.
2. Unmarked and either of the following applies:
(a) The driver admits to knowing that the vehicle was an official law enforcement vehicle.
(b) Evidence shows that the driver knew that the vehicle was an official law enforcement vehicle.
B. Aggravated unlawful flight from a pursuing law enforcement vehicle is a class 4 felony, except that aggravated unlawful flight from a pursuing law enforcement vehicle is a class 2 felony if either of the following applies:
1. The violation results in serious physical injury, as defined in section 13-105, to another.
2. At the time of the violation the driver was transporting a minor under fifteen years of age, and the driver shall be sentenced to imprisonment for not less than the presumptive sentence authorized pursuant to title 13, chapter 7 and is not eligible for suspension of sentence, commutation or release on any basis until the sentence imposed is served.
C. A person who is convicted under this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison.