REFERENCE TITLE: aggravated unlawful flight; law enforcement

 

 

 

 

State of Arizona

Senate

Fifty-sixth Legislature

Second Regular Session

2024

 

 

 

SB 1408

 

Introduced by

Senators Gowan: Bennett, Bolick, Borrelli, Bravo, Burch, Carroll, Farnsworth, Fernandez, Hoffman, Kavanagh, Kern, Kerr, Marsh, Mesnard, Petersen, Rogers, Shamp, Shope, Wadsack;  Representatives Biasiucci, Carbone, Carter, Chaplik, Cook, Diaz, Dunn, Gress, Griffin, Hendrix, Hernandez A, Hernandez C, Hernandez L, Livingston, Marshall, Martinez, Montenegro, Payne, Peņa, Willoughby, Wilmeth

 

 

 

 

 

 

 

 

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:

START_STATUTE28-622.02. Aggravated unlawful flight from a pursuing law enforcement vehicle; 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 recklessly endangers the life of another person while attempting to flee or elude a pursuing official law enforcement vehicle as described in section 28-622.01.

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. END_STATUTE