| 63 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 28, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 28-622.02, to read: START_STATUTE28-622.02. Aggravated unlawful flight from a pursuing law enforcement vehicle; violation; classification A. A driver of a motor vehicle commits aggravated unlawful flight from a pursuing law enforcement vehicle if the driver wilfully operates a motor vehicle in a manner that recklessly endangers the life of another person while attempting to flee or elude a pursuing official law enforcement vehicle as described in section 28-622.01. B. Aggravated unlawful flight from a pursuing law enforcement vehicle is a class 4 felony, except that aggravated unlawful flight from a pursuing law enforcement vehicle is a class 2 felony if any of the following applies: 1. The offense results in serious physical injury as defined in section 13-105 to another. 2. At the time of the offense the person was transporting a minor under fifteen years of age. 3. At the time of the offense the driver was in violation of section 28-1381 or 28-1382. C. A person who is convicted under subsection B, paragraph 3 of this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison. END_STATUTE |
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| 63 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 28-622.01, Arizona Revised Statutes, is amended to read: START_STATUTE28-622.01. Unlawful flight from pursuing law enforcement vehicle; marked and unmarked vehicles; violation; classification a. A driver of a motor vehicle who commits unlawful flight from a pursuing law enforcement VEHICLE if the person wilfully flees or attempts to elude a pursuing official law enforcement vehicle is guilty of a class 5 felony if the law enforcement vehicle that is either: 1. Being operated in the manner described in section 28-624, subsection C and is appropriately marked to show that it is an official law enforcement vehicle. 2. Unmarked and either of the following applies: (a) The driver admits to knowing that the vehicle was an official law enforcement vehicle. (b) Evidence shows that the driver knew that the vehicle was an official law enforcement vehicle. b. Unlawful flight from a pursuing law enforcement vehicle is a class 6 felony. END_STATUTE Sec. 2. Title 28, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 28-622.02, to read: START_STATUTE28-622.02. Aggravated unlawful flight from a pursuing law enforcement vehicle; marked and unmarked vehicles; violation; classification A. A driver of a motor vehicle commits aggravated unlawful flight from a pursuing law enforcement vehicle if the person commits unlawful flight from a pursuing law enforcement vehicle pursuant to section 28-622.01 and at least three of the following applies at the time of the offense: 1. The person drives at least thirty-five miles per hour over the posted speed limit. 2. The person leaves the roadway or forces another vehicle to leave the roadway. 3. The person collides with another vehicle. 4. The person was transporting a minor under 15 years of age. 5. The person was in violation of section 28-644. 6. The person was in violation of section 28-693. 7. The person was in violation of section 28-694. 8. The person was in violation of section 28-1382. B. Aggravated unlawful flight from a pursuing law enforcement vehicle is a class 4 felony, except that aggravated unlawful flight from a pursuing law enforcement vehicle is a class 2 felony if any of the following applies: 1. The offense results in serious physical injury as defined in section 13-105 to another. 2. At the time of the offense the person was transporting a minor in violation of section 13-3212, subsection a, paragraph 7, 9 or 10. 3. At the time of the offense the person was in violation of section 13-3407, subsection a, paragraph 2 or 7. C. A person who is convicted under subsection B, paragraph 3 of this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison. END_STATUTE |
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| 71 | | - | A. A driver of a motor vehicle commits aggravated unlawful flight from a pursuing law enforcement vehicle if the driver wilfully operates a motor vehicle in a manner that recklessly endangers the life of another person while attempting to flee or elude a pursuing official law enforcement vehicle as described in section 28-622.01. |
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| 71 | + | a. A driver of a motor vehicle who commits unlawful flight from a pursuing law enforcement VEHICLE if the person wilfully flees or attempts to elude a pursuing official law enforcement vehicle is guilty of a class 5 felony if the law enforcement vehicle that is either: |
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| 72 | + | |
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| 73 | + | 1. Being operated in the manner described in section 28-624, subsection C and is appropriately marked to show that it is an official law enforcement vehicle. |
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| 74 | + | |
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| 75 | + | 2. Unmarked and either of the following applies: |
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| 76 | + | |
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| 77 | + | (a) The driver admits to knowing that the vehicle was an official law enforcement vehicle. |
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| 78 | + | |
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| 79 | + | (b) Evidence shows that the driver knew that the vehicle was an official law enforcement vehicle. |
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| 80 | + | |
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| 81 | + | b. Unlawful flight from a pursuing law enforcement vehicle is a class 6 felony. END_STATUTE |
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| 82 | + | |
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| 83 | + | Sec. 2. Title 28, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 28-622.02, to read: |
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| 84 | + | |
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| 85 | + | START_STATUTE28-622.02. Aggravated unlawful flight from a pursuing law enforcement vehicle; marked and unmarked vehicles; violation; classification |
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| 86 | + | |
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| 87 | + | A. A driver of a motor vehicle commits aggravated unlawful flight from a pursuing law enforcement vehicle if the person commits unlawful flight from a pursuing law enforcement vehicle pursuant to section 28-622.01 and at least three of the following applies at the time of the offense: |
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| 88 | + | |
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| 89 | + | 1. The person drives at least thirty-five miles per hour over the posted speed limit. |
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| 90 | + | |
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| 91 | + | 2. The person leaves the roadway or forces another vehicle to leave the roadway. |
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| 92 | + | |
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| 93 | + | 3. The person collides with another vehicle. |
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| 94 | + | |
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| 95 | + | 4. The person was transporting a minor under 15 years of age. |
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| 96 | + | |
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| 97 | + | 5. The person was in violation of section 28-644. |
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| 98 | + | |
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| 99 | + | 6. The person was in violation of section 28-693. |
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| 100 | + | |
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| 101 | + | 7. The person was in violation of section 28-694. |
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| 102 | + | |
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| 103 | + | 8. The person was in violation of section 28-1382. |
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