Under existing law, eluding or attempting to elude a law enforcement officer is a Class A misdemeanor, Class C felony, or Class B felony based on the circumstances of the offense. This bill would provide that eluding or attempting to elude a law enforcement officer is a Class D felony. This bill would provide that eluding or attempting to elude a law enforcement officer is also a Class C felony if, during the flight or attempt to elude, any of the following conditions exist: (i) a child under 14 years of age is present in the vehicle; (ii) the flight or attempt to elude occurs while the offender is released on bail, probation, or parole, or while the offender is serving a sentence in a community corrections or work release program; or (iii) the offender has previously been convicted of eluding or attempting to elude. This bill would provide that eluding or attempting to elude a law enforcement officer is a Class B felony if, during the flight or attempt to elude, either of the following conditions exist: (i) the offender strikes or attempts to strike a law enforcement officer or a vehicle occupied by a law enforcement officer; or (ii) the offender has two or more previous convictions for eluding or attempting to elude. Under existing law, a court is required to suspend the driver license of a person convicted of eluding or attempting to elude a law enforcement officer. This bill would provide that, in the case of multiple convictions of eluding or attempting to elude, the court would be required to sentence the offender to a minimum of 90 days confinement for a second conviction and a minimum of 180 days confinement for a third or subsequent conviction.

Statutes affected:
Introduced: 13A-10-52