L0397.01I

SB 74 - The crime of evading a peace officer is created. A person commits this crime if, while operating a motor vehicle, he disobeys a peace officer's order to stop and attempts to evade the officer.

Evading an officer is a Class A misdemeanor if the person is trying to avoid an arrest for, or detection of, a misdemeanor. Evading an officer is 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. This provision is similar to a provision in HB 800 (1996) making it illegal to elude a peace officer.

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 is a Class B felony.

JAMES KLAHR