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2003 SESSION
SB 1336 Resisting arrest.
Introduced by: Nick Rerras | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Resisting arrest. Provides that any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor. Intentionally preventing or attempting to prevent a lawful arrest is defined as fleeing from a law-enforcement officer when (i) the officer applies physical force to the person, or (ii) the officer communicates to the person that he is under arrest and (a) the officer has the legal authority and the immediate physical ability to place the person under arrest, and (b) a reasonable person who receives such communication knows or should know that he is not free to leave. This bill is identical to HB 2826.
SUMMARY AS PASSED SENATE:
Resisting arrest. Provides that any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor. Intentionally preventing or attempting to prevent a lawful arrest is defined as fleeing from a law-enforcement officer when (i) the officer applies physical force to the person, or (ii) the officer communicates to the person that he is under arrest and (a) the officer has the legal authority and the immediate physical ability to place the person under arrest, and (b) a reasonable person who receives such communication knows or should know that he is not free to leave.
SUMMARY AS INTRODUCED:
Resisting arrest. Makes it a Class 1 misdemeanor to intentionally attempt or attempt to prevent an arrest for a misdemeanor and a Class 6 felony if the arrest is for a felony.