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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
aggravated unlawful flight; law enforcement
Purpose
Establishes the offense of aggravated unlawful flight from a pursuing law enforcement vehicle and classifies a violation as a class 4 felony, or a class 2 felony depending on the nature of the offense. Decreases the penalty for unlawful flight from a pursuing law enforcement vehicle from a class 5 felony to a class 6 felony.
Background
A driver of a
motor vehicle who wilfully flees or attempts to elude a pursuing law
enforcement vehicle is guilty of a class 5 felony if the law enforcement
vehicle is either: 1) being operated with flashing lights as permitted for
emergency and law enforcement vehicles; or
2) unmarked, and the driver either admits to knowing the vehicle was an
official law enforcement vehicle, or evidence shows that the driver knew the
vehicle was an official law enforcement vehicle (A.R.S.
§ 28-622.01).
A class 5 felony carries a presumptive prison sentence of 1.5 years and a fine not to exceed $150,000 to be determined by the court. A class 4 felony carries a presumptive prison sentence of 2.5 years, and a class 2 felony carries a presumptive prison sentence of 5 years (A.R.S. § 13-702 and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes that a driver commits aggravated unlawful flight from a pursuing law enforcement vehicle if the person commits unlawful flight from a pursuing law enforcement vehicle and the person does at least three of the following at the time of the offense:
a) drives at least 35 miles per hour over the posted speed limit;
b) leaves the roadway or forces another vehicle to leave the roadway;
c) collides with another vehicle;
d) transports a minor under 15 years old;
e) fails to obey a traffic control device;
f) commits a reckless driving violation;
g) commits a wrong-way driving violation; or
h) commits an extreme driving under the influence violation.
2. Classifies aggravated unlawful flight from a pursing law enforcement vehicle as a class 4 felony.
3. Classifies aggravated unlawful flight from a pursing law enforcement vehicle as a class 2 felony if:
a) the violation results in serious physical injury to another;
b) the person was transporting a minor in furtherance of specified child sex trafficking violations at the time of the offense; or
c) the person was possessing or transporting dangerous drugs for sale at the time of the offense.
4. Decreases the penalty for unlawful flight from a pursuing law enforcement vehicle from a class 5 felony to a class 6 felony.
5. Stipulates that a person convicted for an aggravated unlawful flight offense that involved the possession or transportation of dangerous drugs for sale is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served at least four months in prison.
6. Becomes effective on the general effective date.
House Action
JUD 1/17/24 DPA 4-3-1-0
3rd Read 2/28/24 41-18-0-0-1
Prepared by Senate Research
March 18, 2024
ZD/cs