Fiscal Note - SB 0074 - Creates Crime of Evading a Peace Officer
L.R. NO. 0397-01
BILL NO. SB 74
SUBJECT: Peace Officers
TYPE: Original
DATE: January 20, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None $0 $0 $0
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None $0 $0 $0
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials of the Office of the Attorney General and the Office of the State
Courts Administrator assume this proposal would not fiscally impact their
agency.
Officials of the Department of Corrections, Office of Prosecution Services
and the Office of the State Public Defender assume this proposal would have a
minimal fiscal impact on their agency.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
0 0 0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
0 0 0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
This proposal would create the crime of evading a peace officer. A person
commits this crime if, while operating a motor vehicle, disobeys a peace
officer's order to stop, and attempts to evade the officer. Evading an
officer would be a Class A misdemeanor if the person is trying to avoid an
arrest for, or detection of, a misdemeanor.
Evading an officer would be a Class C felony if the person: 1) is trying to
avoid a felony arrest or detection of a felonious act; 2) causes property
damage while evading the officer; 3) causes physical injury to another while
evading the officer; 4) has been previously convicted of evading an officer;
5) commits three or more traffic offenses while evading the officer; or 6) is
intoxicated or under the influence of drugs.
A person who attempts to take a weapon from a law enforcement officer by
force, commits assault of an officer in the second degree. Assault of an
officer in the second degree would be a Class B felony.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
State Courts Administrator
State Public Defender
Department of Corrections
Office of Prosecution Services
Office of the Attorney General
This Fiscal Note is not an official copy and should not be quoted or cited.