S.B. 146

1

AVOIDING APPREHENSION AMENDMENT
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael G. Waddoups
5
6 LONG TITLE
7 General Description:
8 This bill establishes a specific offense of failure to stop at the command of a peace
9 officer in situations where the offender is not operating a vehicle.
10 Highlighted Provisions:
11 This bill:
12 . provides that fleeing a peace officer with the intent to avoid detention or arrest is a
13 third degree felony; and
14 . clarifies that this offense is a separate offense from the existing offense of an
15 offender's failure to stop at the command of an officer while the offender is
16 operating a motor vehicle.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 76-8-305.5, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-8-305.5 is enacted to read:
27 76-8-305.5. Failure to stop at the command of a law enforcement officer.

28 A person is guilty of a third degree felony who flees from or otherwise attempts to
29 elude a law enforcement officer:
30 (1) after the officer has issued a verbal or visual command to stop;
31 (2) for the purpose of avoiding detention or arrest; and
32 (3) by any means other than a violation of Section 41-6-13.5 regarding failure to stop a
33 vehicle at the command of a law enforcement officer.




Legislative Review Note
as of 1-26-05 10:11 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel