SB 1408
Initials JL Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: MAPS DP 5-1-1-0 | 3
rd
Read 18-11-1-0-0
House: JUD DP 5-3-1-0
SB 1408: aggravated unlawful flight; law enforcement
Sponsor: Senator Gowan, LD 19
Caucus & COW
Overview
Establishes aggravated unlawful flight from a pursuing law enforcement vehicle as a criminal
offense carrying a class 4 or class 2 felony classification depending on the circumstances.
History
Unlawful Flight
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. 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 (A.R.S. § 13-105).
Driving Under the Influence
A person commits driving under the influence (DUI), a class 1 misdemeanor offense, by
driving or being in actual physical control of a vehicle in Arizona under any of the following
circumstances:
1) while under the influence of intoxicating liquor, any drug (regardless of whether the
person is or has been entitled to use the drug under Arizona law), a vapor releasing
substance containing a toxic substance or any combination of liquor, drugs or vapor
releasing substances if the person is impaired to the slightest degree;
2) if the person has an alcohol concentration of 0.08 or more within two hours of driving
or being in actual physical control of the vehicle and the alcohol concentration results
from alcohol consumed either before or while driving or being in actual physical
control of the vehicle; SB 1408
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3) while there is any drug defined in A.R.S. § 13-3401 or its metabolite in the person's
body, except if the person is using a drug as prescribed by a medical practitioner who
is licensed pursuant to A.R.S. Title 32
and who is authorized to prescribe the drug; or
4) if the vehicle is a commercial motor vehicle that requires a person to obtain a
commercial driver license as defined in A.R.S. § 28-3001 and the person has an alcohol
concentration of 0.04 or more (A.R.S. § 28-1381).
A person commits extreme DUI, also a class 1 misdemeanor, by driving or being in actual
physical control of a vehicle in Arizona and the person has an alcohol concentration as follows
within two hours of driving or being in actual physical control of the vehicle and the alcohol
concentrations results from alcohol consumed either before or while driving or being in actual
physical control over the vehicle:
1) 0.15 or more but less than 0.20; or
2) 0.20 or more (A.R.S. § 28-1382).
Provisions
1. Establishes aggravated unlawful flight from a pursuing law enforcement vehicle as a
criminal offense involving a driver who wilfully operates a motor vehicle in a manner that
recklessly endangers the life of another person while attempting to flee or elude a
pursuing law enforcement vehicle as described in A.R.S. § 28-622.01. (Sec. 1)
2. Classifies this new offense as a class 4 felony unless any of the following applies, in which
case the offense becomes a class 2 felony:
a) the offense results in serious physical injury as defined in A.R.S. § 13-105 to another;
b) at the time of the offense the driver was transporting a minor under 15 years old;
c) at the time of the offense the driver was in violation if A.R.S. §§ 28-1381 (DUI) or 28-
1382 (extreme DUI), in which the driver is not eligible for release until the person has
served at least 4 months in prison. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note