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

House Engrossed

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. Lowers the sentencing classification for the existing offense of unlawful flight from a pursuing law enforcement vehicle from a class 5 felony to a class 6 felony.

History

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).

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 pursuant to A.R.S. § 28-622.01 and at least three of the following applies at the time of the offense:

a) the person drives at least 35 miles-per-hour over the posted speed limit;

b) the person leaves the roadway or forces another vehicle to leave the roadway;

c) the person collides with another vehicle;

d) the person was transporting a minor under 15 years old;

e) the person was in violation of A.R.S. § 28-644 (obedience to and required traffic control devices);

f) the person was in violation of A.R.S. § 28-693 (reckless driving);

g) the person was in violation of A.R.S. § 28-694 (wrong-way driving);

h) the person was in violation of A.R.S. § 28-1382 (extreme DUI) (Sec. 2)

2. 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 person was transporting a minor in violation of A.R.S. § 13-3212, subsection A, paragraph 7, 9 or 10 (certain child sex trafficking offenses) at the time of the offense;

c) the person was in violation of in violation of A.R.S. § 13-3407, subsection A, paragraph 2 or 7 (certain dangerous drug offenses), 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. 2)

2. Lowers the sentencing classification for the existing offense of unlawful flight from a pursuing law enforcement vehicle from a class 5 felony to a class 6 felony. (Sec. 1)

3. Makes technical changes. (Sec. 1)

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7. HB 2134

8. Initials JL Page 0 House Engrossed

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