PREFILED JAN 05 2024
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REFERENCE TITLE: aggravated unlawful flight; law enforcement. |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2134 |
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Introduced by Representative Dunn
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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 or should have known 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 any of the following applies:
1. The offense results in serious physical injury as defined in section 13-105 to another.
2. At the time of the offense the driver was transporting a minor under fifteen years of age.
3. At the time of the offense the driver was in violation of section 28-1381 or 28-1382.
C. A person who is convicted under subsection B, paragraph 3 of 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.