S.B. 86

1

FLEEING IN A STOLEN VEHICLE -
2 PENALTY
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jon J. Greiner
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Traffic Code regarding failure to stop at the direction of an
11 officer.
12 Highlighted Provisions:
13 This bill:
14 . amends the offense of failure to stop a vehicle at an officer's signal by increasing the
15 penalty from a third degree felony to a second degree felony for a second conviction
16 and also if the operator of the vehicle knew or should have known the vehicle was
17 stolen.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 41-6a-210, as renumbered and amended by Laws of Utah 2005, Chapter 2
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 41-6a-210 is amended to read:

28 41-6a-210. Failure to respond to officer's signal to stop -- Fleeing -- Causing
29 property damage or bodily injury -- Suspension of driver's license -- Forfeiture of vehicle
30 -- Penalties.
31 (1) [(a)] An operator who receives a visual or audible signal from a peace officer to
32 bring the vehicle to a stop may not:
33 [(i)] (a) operate the vehicle in willful or wanton disregard of the signal so as to interfere
34 with or endanger the operation of any vehicle or person; or
35 [(ii)] (b) attempt to flee or elude a peace officer by vehicle or other means.
36 [(b) (i) A person who violates Subsection (1)(a) is guilty of a felony of the third
37 degree.]
38 [(ii) The court shall, as part of any sentence under this Subsection (1), impose a fine of
39 not less than $1,000.]
40 (2) (a) An operator who violates Subsection (1) is guilty of a felony of the third degree,
41 except under Subsection (3).
42 (b) The court shall, as part of any sentence under this Subsection (2), impose a fine of
43 not less than $1,000.
44 [(2)] (3) (a) An operator who violates Subsection (1) [and while so doing] is guilty of a
45 second degree felony if:
46 (i) the violation results in a second or subsequent conviction of a violation of this
47 section;
48 (ii) while violating Subsection (1) the operator causes death or serious bodily injury to
49 another person[,] under circumstances not amounting to murder or aggravated murder[, is
50 guilty of a felony of the second degree.]; or
51 (iii) the violation is committed while operating a vehicle the operator knew or should
52 have known is stolen.
53 (b) The court shall, as part of any sentence under this Subsection [(2)] (3), impose a
54 fine of not less than $5,000.
55 [(3)] (4) (a) In addition to the penalty provided under this section or any other section,
56 [a person] the driver license of a person who violates [Subsection (1)(a) or (2)(a) shall have the
57 person's driver license] this section shall be revoked under Subsection 53-3-220 (1)(a)(ix) for a
58 period of one year.

59 (b) (i) The court shall forward the report of the conviction to the division.
60 (ii) If the person is the holder of a driver license from another jurisdiction, the division
61 shall notify the appropriate officials in the licensing state.




Legislative Review Note
as of 8-12-09 7:17 AM

Office of Legislative Research and General Counsel