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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First 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.
Background
A driver of a motor vehicle who willfully flees or
attempts to elude a pursuing law enforcement vehicle is guilty of a class 5
felony, if the law enforcement vehicle is: 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, 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 fine for a felony may not exceed $150,000, as determined by the court (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 of a motor vehicle commits aggravated unlawful flight from a pursuing law enforcement vehicle if the driver willfully operates the vehicle in a manner that recklessly endangers the life of another person while attempting to flee or elude a pursuing official law enforcement vehicle.
2. Classifies a violation of aggravated unlawful flight from a pursuing law enforcement vehicle as a class 4 felony.
3. Classifies a violation of aggravated unlawful flight from a pursuing law enforcement vehicle as a class 2 felony if:
a) the offense results in serious physical injury to another person;
b) at the time of the offense the driver was transporting a minor under 15 years old; or
c) at the time of the offense the driver was under the influence of alcohol or drugs.
4. Stipulates that a person who is convicted for aggravated unlawful flight from a pursuing law enforcement vehicle while under the influence of alcohol or drugs 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.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2025
KJA/AG/slp