ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: JUD DPA 4-3-1-0

HB 2134: aggravated unlawful flight; law enforcement.

Sponsor: Representative Dunn, LD 25

Caucus & COW

Overview

Establishes aggravated unlawful flight from a pursuing law enforcement vehicle as a criminal offense carrying a class 4 or class 2 felony classification depending on the circumstances.

History

Unlawful Flight

Under current law, a person commits unlawful flight from a pursuing law enforcement vehicle, a class 5 felony, by wilfully fleeing or attempting to elude a pursuing official law enforcement vehicle and the law enforcement vehicle is either:

1) Marked to show that it is an official law enforcement vehicle and has engaged its siren and lights pursuant to A.R.S. § 28-624; or

2) Unmarked and either of the following applies:

a) The driver admits to knowing that the vehicle was an official law enforcement vehicle; or

b) Evidence shows that the driver knew that the vehicle was an official law enforcement vehicle (A.R.S. § 28-622.01).

Arizona courts have interpreted wilfully, which is defined in A.R.S. § 1-215, to be equivalent to knowingly, which is defined in A.R.S. § 13-105. See State v. Gendron, 166 Ariz. 562, 565 (App. 1990), vacated in part on other grounds, 168 Ariz. 153 (1991).

Serious physical injury is defined as physical injury that creates a reasonable risk of death or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. Physical injury is defined as the impairment of physical condition (A.R.S. § 13-105).

Driving Under the Influence

A person commits driving under the influence (DUI), a class 1 misdemeanor offense, by driving or being in actual physical control of a vehicle in Arizona under any of the following circumstances:

1) While under the influence of intoxicating liquor, any drug (regardless of whether the person is or has been entitled to use the drug under Arizona law), a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree;

2) If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle;

3) While there is any drug defined in A.R.S. § 13-3401 or its metabolite in the person's body, except if the person is using a drug as prescribed by a medical practitioner who is licensed pursuant to A.R.S. Title 32and who is authorized to prescribe the drug; or

4) If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in A.R.S. § 28-3001 and the person has an alcohol concentration of 0.04 or more (A.R.S. § 28-1381).

A person commits extreme DUI, also a class 1 misdemeanor, by driving or being in actual physical control of a vehicle in Arizona and the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentrations results from alcohol consumed either before or while driving or being in actual physical control over the vehicle:

1) 0.15 or more but less than 0.20; or

2) 0.20 or more (A.R.S. § 28-1382).

Provisions

1. Establishes aggravated unlawful flight from a pursuing law enforcement vehicle as a criminal offense involving a person who commits unlawful flight from a pursuing law enforcement vehicle in a manner that endangers the life of another person. (Sec. 1)

2. If the offense involves an unmarked official law enforcement vehicle, adds that a person may be prosecuted if evidence shows that the person should have known that the vehicle was an official law enforcement vehicle. (Sec. 1)

3. Classifies the offense as a 4 felony unless any of the following circumstances exist, in which case the offense becomes a class 2 felony:

a) The offense results in serious physical injury as defined in A.R.S. § 13-105 to another;

b) The driver was transporting a minor under 12 years of age; or

c) The driver was also in violation of A.R.S. §§ 28-1381 (DUI) or 28-1382 (extreme DUI), in which case the convicted person is also ineligible for probation, pardon, commutation or suspension of sentence or release on any basis until the person has served at least four months in prison. (Sec. 1)

Amendments

Committee on Judiciary

1. Adds that a person must recklessly endanger the life of another person in order to commit the offense.

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5. HB 2134

6. Initials JL Page 0 Caucus & COW

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