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1999 SESSION
994792350Be 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, shall be guilty of a Class 4 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 or and wanton disregard of such signal so as to interfere with or
endanger the operation of the law-enforcement vehicle or endanger other
property or a 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 the
preceding paragraph this subsection, the offender shall be guilty of a Class 6
5 felony.
C. When any person is convicted of a misdemeanor 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 of not less than
thirty days nor more than one year. However, in any case where the speed of the
accused such person is determined to have exceeded the maximum allowed by
fifteen twenty 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 $514,344 in FY 2009.
3. That the provisions of this act shall become effective on July 1, 2000.