19.0311.01000
Sixty-sixth
Legislative Assembly HOUSE BILL NO. 1296
of North Dakota
Introduced by
Representatives Mock, Heinert, K. Koppelman, Satrom
Senators Dwyer, Kreun, D. Larson
1 A BILL for an Act to amend and reenact section 39-10-71 of the North Dakota Century Code,
2 relating to fleeing or attempting to elude a peace officer; and to provide a penalty.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 39-10-71 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 39-10-71. Fleeing or attempting to elude a peace officer - Penalty.
7 1. AnyA driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a
8 stop, or who otherwise flees or attempts to elude, in any manner, a pursuing police
9 vehicle or peace officer, when given a visual or audible signal to bring the vehicle to a
10 stop, is guilty of a class:
11 a. Class A misdemeanor for a first offense and a class C felony for a subsequent
12 offense within three years. An individual who violates this section while fleeing
13 after or in the commission of a felony is guilty of a class;
14 b. Class C felony. if the driver violates this section while fleeing during or after the
15 commission of a felony;
16 c. Class C felony if, at any time during the flight or pursuit, the driver operates the
17 vehicle in a manner constituting an inherent risk of death or serious bodily injury
18 to a third person; or
19 d. Class B felony, if at any time during the flight or pursuit, the driver operates the
20 vehicle in a manner constituting an inherent risk of death or serious bodily injury
21 to an individual under the age of twelve or to a peace officer.
22 2. A signal complies with this section if the signal is perceptible to the driver and:
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Legislative Assembly
1 a. If given from a vehicle, the signal is given by hand, voice, emergency light, or
2 siren, and the stopping vehicle is appropriately marked showing it to be an official
3 police vehicle; or
4 b. If not given from a vehicle, the signal is given by hand, voice, emergency light, or
5 siren, and the officer is in uniform or prominently displays the officer's badge of
6 office.
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Statutes affected:
INTRODUCED: 39-10-71
FIRST ENGROSSMENT: 39-10-71
Enrollment: 39-10-71