HB 2058
Initials JL/GC Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2058: flight from law enforcement; classification
S/E: aggravated unlawful flight; classification; violation
Sponsor: Representative Diaz, LD 19
Committee on Judiciary
Overview
Establishes aggravated unlawful flight from a pursuing law enforcement vehicle as criminal
offense carrying a class 4 or class 2 felony designation depending upon the circumstances.
History
Under current law, a person commits unlawful flight from a pursuing law enforcement vehicle, a
class 5 felony, by wilfully fleeing or attempting to elude a pursuing official law enforcement vehicle
and the law enforcement vehicle is either:
1) Marked to show that it is an official law enforcement vehicle and has engaged its siren
and lights pursuant to A.R.S. § 28-624; or
2) Unmarked and either of the following applies:
a) The driver admits to knowing that the vehicle was an official law enforcement vehicle;
or
b) Evidence shows that the driver knew that the vehicle was an official law enforcement
vehicle (A.R.S. § 28-622.01).
Arizona courts have interpreted wilfully, which is defined in A.R.S. § 1-215, to be equivalent to
knowingly, which is defined in A.R.S. § 13-105. State v. Gendron, 166 Ariz. 562, 565 (App. 1990),
vacated in part on other grounds, 168 Ariz. 153 (1991).
Statute defines serious physical injury as physical injury that creates a reasonable risk of death
or that causes serious and permanent disfigurement, serious impairment of health or loss or
protracted impairment of the function of any bodily organ or limb (A.R.S. § 13-105).
Provisions
1. Establishes aggravated unlawful flight from a pursuing law enforcement vehicle as a criminal
offense involving a person who commits unlawful flight from a pursuing law enforcement
vehicle in a manner that recklessly endangers the life of another person. (Sec. 1)
2. If the offense involves an unmarked official law enforcement vehicle, adds that a person may
be prosecuted if evidence shows that the person should have known that the vehicle was an
official law enforcement vehicle. (Sec. 1)
3. Classifies the offense as a class 4 felony unless any of the following circumstances exist, in
which case the offense becomes a class 2 felony without eligibility for probation, pardon,
commutation or suspension of sentence or release on any basis until the person has served
at least four months in prison:
a) The violation results in serious physical injury as defined in A.R.S. § 13-105 to another;
b) The driver was transporting a minor under 15 years of age at the time of the violation; or
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2058
Initials JL/GC Page 2 Judiciary
c) The driver was also in violation of A.R.S. §§ 28-1381 (driving under the influence) or 28-
1382 (extreme driving under the influence) at the time of the offense. (Sec. 1)
4. Makes conforming changes. (Sec. 1)