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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2830 |
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AN ACT
Amending section 28-622.01, Arizona Revised Statutes; amending title 28, chapter 3, article 2, Arizona Revised Statutes, by adding section 28‑629; relating to traffic and vehicle regulation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-622.01, Arizona Revised Statutes, is amended to read:
28-622.01. Unlawful flight from pursuing law enforcement vehicle; violation; classification; marked and unmarked vehicles; affirmative defense; definitions
A. A driver of a motor vehicle who wilfully flees or attempts to elude a pursuing official law enforcement vehicle is guilty of a class 5 felony if the law enforcement vehicle is either:
1. Being operated in the manner described 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. it is an affirmative defense to a violation of this section that the driver fled from a pursuing law enforcement vehicle when all of the following occur:
1. the vehicle was unmarked or specially marked.
2. the driver was in a desolate location.
3. THE DRIVER WAS DRIVING TO A NON-DESOLATE LOCATION.
4. THE DRIVER ACTIVATED THE VEHICLE'S EMERGENCY FLASHERS AND OBEYED ALL TRAFFIC LAWS WHILE DRIVING TO THE NON-DESOLATE LOCATION.
c. for the purposes of this section:
1. "DESOLATE LOCATION" MEANS A LOCATION that is DEVOID OF PEOPLE WITHIN SIGHT AND SHOUTING DISTANCE CAPABLE OF WITNESSING THE law enforcement ENCOUNTER.
2. "SPECIALLY MARKED" MEANS UNMARKED EXCEPT FOR THE law enforcement AGENCY'S NAME AND LOGO ON THE PASSENGER DOOR of the vehicle.
Sec. 2. Title 28, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 28-629, to read:
28-629. Enforcing traffic laws; use of marked vehicles required; specially marked vehicles; uniforms required
A. For The routine enforcement of traffic laws in this state, except for enforcement pursuant to title 28, chapter 3, article 21, a law enforcement agency must use a vehicle that is appropriately marked to show that it is an official law enforcement vehicle, except that a law enforcement agency may use a specially marked law enforcement vehicle that displays the name and logo of the law enforcement agency on the right door if, in the judgment of the law enforcement agency, the use of a specially marked law enforcement vehicle will contribute to the safety of the traveling public.
B. A law enforcement officer who operates a law enforcement vehicle for the primary purpose of making traffic stops and enforcing traffic laws shall be dressed in an official law enforcement uniform that identifies the employing law enforcement agency.