HB 2374
Initials JL Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2374: unlawful flight from law enforcement
Sponsor: Representative Diaz, LD 19
Committee on Judiciary
Overview
Establishes aggravated unlawful flight from a pursuing law enforcement vehicle as a class 2
felony offense and makes other changes to existing statute relating to unlawful flight from
law enforcement.
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).
Statute further allows a peace officer who has reasonable grounds to believe that a vehicle
has been lost, stolen, abandoned or otherwise unclaimed to have the vehicle removed from
any street or highway or any other public or private land. For purposes of this authorization,
statute permits an officer to remove a vehicle if the driver of the vehicle engages in unlawful
flight from a pursuing law enforcement vehicle pursuant to A.R.S. § 28-622.01 or leaves the
vehicle and continues to engage in the offense (A.R.S. § 28-4834).
Additionally, A.R.S. title 5, chapter 3, which codifies several provisions regulating boating
and watersports, contains an unlawful flight provision similar to A.R.S. § 28-622.01 above.
Specifically, it is a class 5 felony offense for the operator of a watercraft to wilfully flee or
attempt to elude a pursuing law enforcement officer who is attempting to order the watercraft
ashore to correct any unlawful condition, issue a written warning or written repair order or
issue a citation for any violation of that chapter (A.R.S. § 5-391).
The most severe homicide offense in the criminal code is first degree murder. One form of first
degree murder, commonly referred to as felony murder, involves a person who, either alone
or with others, commits or attempts to commit one of several statutorily enumerated felony
offenses and, while in the course of and in furtherance of the offense, the person or another
person causes the death of any person. Among many others, one of the enumerated offenses
in the felony murder statute is unlawful flight from a pursuing law enforcement vehicle
pursuant to A.R.S. § 28-622.01 (A.R.S. § 13-1105). HB 2374
Initials JL Page 2 Judiciary
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. See State v. Gendron, 166 Ariz. 562, 565
(App. 1990), vacated in part on other grounds, 168 Ariz. 153 (1991).
Serious physical injury is defined 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. Physical injury is defined
as the impairment of physical condition. The culpable mental states, which include
intentionally, knowingly, recklessly and criminal negligence are also defined in statute (A.R.S.
§ 13-105).
Provisions
1. Establishes aggravated unlawful flight from a pursuing law enforcement vehicle as a class
2 felony offense involving a person who commits unlawful flight from a pursuing law
enforcement vehicle pursuant to A.R.S. § 28-622.01 and the person either:
a) drives at least 35 miles per hour over the posted speed limit during the pursuit; or
b) intentionally, knowingly or recklessly causes serious physical injury to or death of
another person during the pursuit. (Sec. 4)
2. Adds this new offense to the enumerated list of offenses in the felony murder statute
(A.R.S. § 13-1105) and to the statute allowing a peace officer to remove a vehicle under
certain circumstances (A.R.S. § 28-4834). (Sec. 2, 5)
3. Lowers the sentencing classification for the unlawful flight provision involving watercraft
(A.R.S. § 5-391) from a class 5 felony to a class 1 misdemeanor. (Sec. 1)
4. Makes technical and conforming changes. (Sec. 1, 2, 3, 5)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note