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2007 SESSION
077036454Be it enacted by the General Assembly of Virginia:
1. That § 46.2-817 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties.
A. Any person who, having received a visible or audible signal
from any law-enforcement officer to bring his motor vehicle to a stop, drives
such motor vehicle in a willful and wanton disregard of such signal or
who attempts to escape or elude such law-enforcement officer, is guilty of
a Class 3 misdemeanor. It shall be an affirmative defense to a charge of a
violation of this subsection if the defendant shows he reasonably believed he
was being pursued by a person other than a law-enforcement officer.
B. Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, intentionally attempts to escape or elude the law-enforcement officer, is guilty of a Class 1 misdemeanor.
BC. Any person who, having received a visible or
audible signal from any law-enforcement officer to bring his motor vehicle to a
stop, drives such motor vehicle in a willful and wanton disregard of such
signal so as to interfere with or endanger the operation of the law-enforcement
vehicle or endanger a person is guilty of a Class 6 felony.
D. It shall be an affirmative defense to a charge of a
violation of this subsection section if the defendant shows he
reasonably believed he was being pursued by a person other than a
law-enforcement officer.
CE. When any person is convicted of an offense
under this section, in addition to the other penalties provided in this
section, the driver's license of such person shall be suspended by the court
for a period of not less than thirty days nor more than one year. However, in
any case where the speed of such person is determined to have exceeded the
maximum allowed by twenty miles per hour, his driver's license shall be
suspended by the court trying the case for a period of not less than
ninety days. In case of conviction and suspension, the court or judge shall
order the surrender of the license to the court, which shall dispose of it in
accordance with the provisions of § 46.2-398.