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1996 SESSION
963070232Be 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 or wanton disregard of such signal, shall be guilty of a Class 1 misdemeanor. In addition, the driver's license of any person convicted under this subsection may be suspended by the court for a period not to exceed one year.
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 or wanton disregard of such signal
so as to interfere with or endanger the operation of the law-enforcement
vehicle or endanger other property or person, or who increases his speed and
attempts to escape or elude such law-enforcement officer, shall be guilty of a
Class 1 misdemeanor 6 felony. If serious bodily
injury to another results from a violation of this
subsection, the offender shall be
guilty of a Class 5 felony. In addition, the
driver's license of any person convicted under
this subsection shall be suspended
by the court for a period of not less than two nor more than five
years.
If serious bodily injury to another results from a violation of the
preceding paragraph, the offender shall be guilty of a Class 6 felony.
When any person is convicted under this section, in addition to the other
penalties provided in this section, the driver's license of such person may be
suspended by the court or judge for a period not to exceed one year. However,
in any case where the speed of the accused is determined to have exceeded the
maximum allowed by fifteen miles per hour where the maximum speed is fifty-five
miles per hour or greater, 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.
2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $250,000.