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2004 SESSION

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HB 226 Resisting arrest; penalty.

Introduced by: John A. Cosgrove | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Avoiding arrest. Provides that intentionally preventing a lawful arrest means fleeing from a law-enforcement officer when the officer communicates to the person that he is under arrest and the reasonable person who receives such communication knows or should know that he is not free to leave. Currently, the law requires that the officer have the present ability to make the arrest. The bill also provides that it is an affirmative defense to such a prosecution that the defendant reasonably believed the person attempting to arrest him was not a law-enforcement officer.


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