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2008 SESSION

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SB 368 Disregarding signal to stop; endangerment of operation of law-enforcement officer, penalty.

Introduced by: John C. Watkins | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Disregarding signal to stop; death of law-enforcement officer; penalties. Provides that if a law-enforcement officer pursues a person who has disregarded a law-enforcement officer's signal to stop his motor vehicle and drives in willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or to endanger people and the law-enforcement officer is killed as a direct and proximate result of the pursuit, the person is guilty of a Class 4 felony. The bill also increases the penalty for disregarding a signal from a law-enforcement officer to stop or attempting to escape or elude a law-enforcement officer from a Class 3 misdemeanor to a Class 2 misdemeanor. This bill is identical to HB 113 (Ware, R.L.).

SUMMARY AS PASSED SENATE:

Eluding police resulting in death; penalties. Provides that if a law-enforcement officer pursues a person who has disregarded a law-enforcement officer's signal to stop his motor vehicle and drives in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or to endanger people and the law-enforcement officer or a third party is killed as a direct and proximate result of the pursuit, the person is guilty of a Class 4 felony. The bill will become effective only if an appropriation of general funds effectuating the purposes of the bill is included in the appropriations act.

SUMMARY AS INTRODUCED:

Eluding police; penalties. Provides that if a person is killed, whether as the direct or indirect result of the actions of a driver who has disregarded a law-enforcement officer's signal to stop his motor vehicle and who operates his 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, the driver is guilty of a Class 4 felony. The bill also raises from Class 3 to Class 1 the misdemeanor penalty for eluding police. The bill does not change the existing Class 6 felony imposed when the eluding endangers a person or interferes with or endangers the operation of the law-enforcement vehicle.