SB 1025 - This act modifies and creates provisions relating to offenses involving fleeing from arrest. MINIMUM PRISON TERMS (Section 558.019)
Under current law, certain offenses have minimum prison term requirements. This act adds the offense of resisting arrest by fleeing in a motor vehicle and removes the offense of escape from custody from these minimum prison term requirements.
OFFENSE OF RESISTING OR ESCAPING FROM ARREST (Section 575.150)
This act modifies the offense of resisting, interfering with, escaping, or attempting to escape from arrest, detention, stop, or custody, by adding that a person is guilty of such offense if he or she, while being held in custody after a stop, detention, or arrest, escapes or attempts to escape from such custody. Such offense shall be a Class A misdemeanor, unless the stop was for:
• A felony offense;
• A warrant issued for failure to appear on a felony case;
• A warrant issued for a probation violation on a felony case;
• While resisting or escaping from a stop or arrest, the person flees and creates a substantial risk of serious physical injury or death to any person; or
• The escape or attempt to escape while in custody was for a felony;
Then it shall be a Class E felony; except that, if such escape is committed by means of a deadly weapon or by holding any person hostage it is a Class A felony.
Additionally, the prosecution is not required to prove the defendant knew why he or she was being stopped or arrested.
OFFENSE OF RESISTING ARREST BY FLEEING IN CAR (Section 575.151)
This act creates the offense of resisting arrest by fleeing in or on a motor vehicle if he or she resists an arrest, stop, or detention by fleeing in or on a motor vehicle from a law enforcement officer and, during the course of fleeing, drives at a speed or in a manner that demonstrates a disregard for the safety of any person or property. This offense is a Class E felony, unless the person has been previously convicted of this offense, in which case it is a Class D felony.
This act also creates the offense of aggravated resisting arrest by fleeing in or on a motor vehicle if he or she resists an arrest or stop by fleeing in or on a motor vehicle from a law enforcement officer and drives at a speed or in a manner that demonstrates a disregard for the safety of any person or property and that results in serious bodily injury or death to another person. This offense is a Class D felony, unless the person has been previously convicted of this offense, in which case it is a Class C felony.
These provisions are similar to provisions in SB 432 (2021).
EXPUNGEMENT (Section 610.140)
Under current law, certain offenses are not eligible for expungement. This act adds the offenses of resisting arrest and resisting arrest by fleeing in a motor vehicle and removes the offense of escape from custody from offenses not eligible for expungement.
This act is identical to HB 2006 (2022).
MARY GRACE PRINGLE