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2007 SESSION

078307284
HOUSE BILL NO. 1987
Offered January 10, 2007
Prefiled January 5, 2007
A BILL to amend and reenact § 46.2-817 of the Code of Virginia, relating to eluding police, enhanced penalty; and eluding while under the influence.
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Patron-- Cox
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Referred to Committee on Transportation
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Be 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, 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. 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.

C. When a person is violating subsection B while also in violation of § 18.2-266 or when a pursuit of the person by a law-enforcement officer results in bodily injury to another person, the person being pursued is guilty of a Class 5 felony, punishment for which shall include a mandatory minimum sentence of six months' incarceration. Any person who is violating subsection B when a pursuit of the person by a law-enforcement officer results in the death of another person is guilty of a violation of § 18.2-33.

C.D. 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 30 days nor more than one year. However, inIn any case where the speed of such person is determined to have exceeded the maximum allowed by twenty 20 miles per hour, his driver's license shall be suspended by the court trying the case for a period of not less than ninety 90 days. When a person is convicted of an offense under subsection C, his driver's license shall be suspended by the court for a period of not less than six months. 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.

2.  That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $464,377 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.