UNOFFICIAL COPY 24 RS BR 865
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AN ACT relating to fleeing or evading police. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 520.095 is amended to read as follows: 3
(1) A person is guilty of fleeing or evading police in the first degree: 4
(a) When, while operating a motor vehicle with intent to elude or flee, the person 5
knowingly or wantonly disobeys a direction to stop his or her motor vehicle, 6
given by a person recognized to be a police officer, and at least one (1) of the 7
following conditions exists: 8
1. The person is fleeing immediately after committing an act of domestic 9
violence as defined in KRS 403.720; 10
2. The person is driving under the influence of alcohol or any other 11
substance or combination of substances in violation of KRS 189A.010; 12
3. The person is driving while his or her driver's license is suspended for 13
violating KRS 189A.010; or 14
4. By fleeing or eluding, the person is the cause, or creates substantial risk, 15
of serious physical injury or death to any person or property; or 16
(b) When, as a pedestrian, and with intent to elude or flee, the person knowingly 17
or wantonly disobeys an order to stop, given by a person recognized to be a 18
peace officer, and at least one (1) of the following conditions exists: 19
1. The person is fleeing immediately after committing an act of domestic 20
violence as defined in KRS 403.720; or 21
2. By fleeing or eluding, the person is the cause of, or creates a substantial 22
risk of, serious physical injury or death to any person or property. 23
(2) Fleeing or evading police in the first degree is a Class C[Class D] felony and the 24
defendant shall not be released on probation, shock probation, conditional 25
discharge, or parole until he or she has served at least fifty percent (50%) of the 26
sentence imposed. 27 UNOFFICIAL COPY 24 RS BR 865
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Section 2. KRS 520.100 is amended to read as follows: 1
(1) A person is guilty of fleeing or evading police in the second degree when: 2
(a) As a pedestrian, and with intent to elude or flee, the person knowingly or 3
wantonly disobeys a direction to stop, given by a person recognized to be a 4
peace officer who has an articulable reasonable suspicion that a crime has 5
been committed by the person fleeing, and in fleeing or eluding the person is 6
the cause of, or creates a substantial risk of, physical injury to any person; or 7
(b) While operating a motor vehicle with intent to elude or flee, the person 8
knowingly or wantonly disobeys a recognized direction to stop his or her 9
vehicle, given by a person recognized to be a peace officer. 10
(2) No offense is committed under this section when the conduct involved constitutes a 11
failure to comply with a directive of a traffic control officer. 12
(3) Fleeing or evading police in the second degree is a Class D felony[Class A 13
misdemeanor] and the defendant shall not be released on probation, shock 14
probation, conditional discharge, or parole until he or she has served at least fifty 15
percent (50%) of the sentence imposed. 16