ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: JUD DP 6-3-0-0

HB 2108: unlawful flight; reckless endangerment; violation

Sponsor: Representative Martinez, LD 16

Caucus & COW

Overview

Enhances the unlawful flight statute by creating higher felony classifications when a person flees from law enforcement and either recklessly endangers another person, causes serious physical injury, transports a minor under age 15 or is convicted of DUI-related offenses.

History

Under current law, a person commits unlawful flight from a pursuing law enforcement vehicle, a class 5 felony, by willfully fleeing a pursuing official law enforcement vehicle while 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; 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).

A person commits driving under the influence (DUI), a class 1 misdemeanor offense, by driving a vehicle in Arizona while qualifying as impaired or intoxicated; most commonly by having a blood alcohol concentration of 0.08 or more within two hours of driving (A.R.S. § 28-1381).

A person commits extreme DUI, also a class 1 misdemeanor, by driving a vehicle in Arizona and having a blood alcohol concentration of 0.15 or more within two hours of driving (A.R.S. § 28-1382).

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 (A.R.S. § 13-105).

Provisions

1. Establishes that a driver who commits unlawful flight is guilty of a class 4 felony if, while fleeing, the driver operates the motor vehicle in a manner that recklessly endangers the life of another person. (Sec. 1)

2. Establishes that a driver who commits unlawful flight is guilty of a class 2 felony if, while fleeing, any of the following apply:

a. the offense results in serious physical injury to another;

b. at the time of the offense, the driver is transporting a minor under 15 years old; or

c. at the time of the offense, the driver is in violation of the DUI or extreme DUI statutes. (Sec. 1)

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g. Initials NM HB 2108

h. 1/14/2026 Page 0 Caucus & COW

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