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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
unlawful flight; reckless endangerment; violation.
Purpose
Classifies willfully fleeing or attempting to elude a pursuing official law enforcement vehicle and operating a vehicle in a manner that recklessly endangers the life of another person as a class 4 felony, or a class 2 felony under outlined conditions.
Background
A driver of a motor vehicle who willfully 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 with flashing lights as
permitted for emergency and law enforcement vehicles and is appropriately
marked to show that it is an official law enforcement vehicle; 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 one and a half years and a fine of up to $150,000 to be determined by the court. A class 4 felony carries a presumptive prison sentence of two and a half years, and a class 2 felony carries a presumptive prison sentence of five 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. Classifies, as a class 4 felony, a driver of a motor vehicle who operates the vehicle in a manner that recklessly endangers the life of another person while willfully fleeing or attempting to elude a pursuing official law enforcement vehicle as prescribed.
2. Classifies, as a class 2 felony, a driver of a motor vehicle who willfully flees or attempts to elude a pursuing official law enforcement vehicle as prescribed, if any of the following applies:
a) the driver causes serious physical injury to another person;
b) the vehicle is transporting a minor who is under 15 years old; or
c) the driver of the vehicle is found guilty of driving under the influence of alcohol or drugs or driving while under the extreme influence of alcohol or drugs.
3. Makes conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2026
KJA/SDR/hk