S.B. 146 Enrolled

AVOIDING APPREHENSION AMENDMENT
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael G. Waddoups
House Sponsor: DeMar Bud Bowman

LONG TITLE
General Description:
This bill establishes a specific offense of failure to stop at the command of a peace
officer in situations where the offender is not operating a vehicle.
Highlighted Provisions:
This bill:
. provides that fleeing a peace officer with the intent to avoid arrest is a class A
misdemeanor; and
. clarifies that this offense is a separate offense from the existing offense of an
offender's failure to stop at the command of an officer while the offender is
operating a motor vehicle.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-8-305.5, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-8-305.5 is enacted to read:
76-8-305.5. Failure to stop at the command of a law enforcement officer.
A person is guilty of a class A misdemeanor who flees from or otherwise attempts to

elude a law enforcement officer:
(1) after the officer has issued a verbal or visual command to stop;
(2) for the purpose of avoiding arrest; and
(3) by any means other than a violation of Section 41-6-13.5 regarding failure to stop a
vehicle at the command of a law enforcement officer.