Creates the offense of aggravated fleeing a stop or detention of a motor vehicle
The enactment of SB820 is expected to significantly alter the legal landscape concerning vehicular pursuits and enhance public safety by imposing harsher penalties on individuals who engage in dangerous fleeing behavior. The law aims to deter reckless behavior during police detainment, thereby potentially reducing instances of high-speed chases and their associated risks to the general public.
Senate Bill 820, also known as 'Valentine's Law', introduces a new criminal offense concerning aggravated fleeing from a vehicular stop or detention. The bill specifies that an individual commits this offense if they know or reasonably should know that law enforcement is attempting to stop them and subsequently flee at high speeds or in a manner that poses a substantial risk to others. The bill categorizes different degrees of this offense based on the outcomes of the fleeing, establishing penalties that range from a class D felony to a class A felony, depending on whether it causes injuries or fatalities to other individuals.
During discussions around the bill, there have been concerns regarding the potential for unjust penalization of individuals, especially in cases where law enforcement may act unlawfully in making an arrest. The bill asserts that unlawful conduct by law enforcement does not provide a legal defense to those fleeing, which has sparked debate among civil rights advocates who fear that this could lead to further complications in cases of wrongful arrest. Additionally, the lack of eligibility for probation or parole for certain classifications of the offense has raised questions about the fairness and appropriateness of the penalties related to this law.