HB 2830 — traffic stops; police cars; uniforms

HB2830 - 542R - H Ver       House Engrossed         State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session       HOUSE FLOORBILL AMENDMENT2830 EXPLANATION  Bill  Number:  AN ACT   Amending section 28-622.01, Arizona Revised Statutes;

HBamending 2830title Kavanagh28, Floorchapter Amendment3, Thearticle amendment2, toArizona HB2830Revised onStatutes, 2/26/2020by atadding 5:44section PM28‑629; in Representative Kavanagh's name does the following:

1.relating to traffic and vehicle regulation.

States  that  it(TEXT isOF anBILL affirmativeBEGINS defenseON toNEXT aPAGE) violation  thatBe theit driverenacted fledby fromthe aLegislature pursuingof lawthe enforcementState vehicleof when:Arizona:

a.Section 1.  Section 28-622.01, Arizona Revised Statutes, is amended to read:

TheSTART_STATUTE28-622.01.  Unlawful vehicleflight wasfrom unmarkedpursuing orlaw speciallyenforcement marked;vehicle;

b.

The driver was in a desolate location;

c.

The driver was traveling to a non-desolate location;

and d.

The driver was following all traffic laws and turned on their emergency flashers.

2.

Defines desolate location.

3.

Removes limitations on the number of specially marked law enforcement vehicles an agency can use.

4.

Specifies that a law enforcement officer who operates a law enforcement vehicle for the primary purpose of enforcing traffic laws must be dressed in a uniform that identifies the officer's law enforcement agency.

Amendment explanation prepared by Eryn Streeter/Bryce Moore Phone Number 602-926-3046 es 2/26/2020 Fifty-fourth Legislature KAVANAGH Second Regular Session H.B.

2830 KAVANAGH FLOOR AMENDMENT HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

2830 (Reference to printed bill) Page 1, between lines 1 and 2, insert:

"Section 1.

Section 28-622.01, Arizona Revised Statutes, is amended to read:

28-622.01.

Unlawful flight from pursuing law enforcement vehicle;

definitions A.A.  A driver of a motor vehicle who wilfully flees or attempts to elude a pursuing official law enforcement vehicle is guilty of a class 5 felony if the law enforcement vehicle is either:

A1.  Being driveroperated ofin athe motormanner vehicledescribed whoin wilfullysection flees28‑624, orsubsection attemptsC toand eludeis aappropriately pursuingmarked officialto lawshow enforcementthat vehicleit is guiltyan ofofficial a class 5 felony if the law enforcement vehiclevehicle. is either:

1.2.  Unmarked and either of the following applies:

Being(a)  The operateddriver inadmits the manner described in section 28-624, subsection C and is appropriately marked to showknowing that itthe isvehicle was an official law enforcement vehicle.

2.(b)  Evidence shows that the driver knew that the vehicle was an official law enforcement vehicle.

Unmarkedb.  it andis eitheran affirmative defense to a violation of this section that the driver fled from a pursuing law enforcement vehicle when all of the following applies:occur:

(a)1.  the The driver admits to knowing that the vehicle was anunmarked officialor lawspecially enforcementmarked. vehicle.

(b)2.  the Evidence shows that the driver knew that the vehicle was anin officiala lawdesolate enforcementlocation. vehicle.

B.3.  THE DRIVER WAS DRIVING TO A NON-DESOLATE LOCATION.

IT4.  THE ISDRIVER ANACTIVATED AFFIRMATIVE DEFENSE TO A VIOLATION OF THIS SECTION THAT THE DRIVERVEHICLE'S FLEDEMERGENCY FROMFLASHERS AAND PURSUINGOBEYED LAWALL ENFORCEMENTTRAFFIC VEHICLELAWS WHENWHILE ALLDRIVING OFTO THE FOLLOWINGNON-DESOLATE OCCUR:LOCATION.

1.c.  for the purposes of this section:

THE1.  "DESOLATE VEHICLELOCATION" WASMEANS UNMARKEDA ORLOCATION SPECIALLYthat MARKED.is DEVOID OF PEOPLE WITHIN SIGHT AND SHOUTING DISTANCE CAPABLE OF WITNESSING THE law enforcement ENCOUNTER.

2.2.  "SPECIALLY MARKED" MEANS UNMARKED EXCEPT FOR THE law enforcement AGENCY'S NAME AND LOGO ON THE PASSENGER DOOR of the vehicle.

THEEND_STATUTE DRIVERSec. 2.  Title WAS28, INchapter A3, DESOLATEarticle LOCATION.2, Arizona Revised Statutes, is amended by adding section 28-629, to read:

3.START_STATUTE28-629.  Enforcing traffic laws;