Bill Text - SB56 (2005)

(New Title) relative to penalties for eluding pursuit by a law enforcement officer.


Revision: Jan. 21, 2010, midnight

SB 56 – AS AMENDED BY THE SENATE

03/31/05 0901s

2005 SESSION

05-0521

06/01

SENATE BILL 56

AN ACT relative to penalties for eluding pursuit by a law enforcement officer.

SPONSORS: Sen. Clegg, Dist 14; Sen. Flanders, Dist 7; Sen. Martel, Dist 18; Sen. Morse, Dist 22; Sen. Estabrook, Dist 21; Rep. Hunt, Ches 7; Rep. King, Coos 1; Rep. Stone, Rock 1

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill makes the penalty for willfully attempting to evade pursuit by a law enforcement officer by increasing speed to 25 miles per hour or more over the posted speed limit and committing 2 or more additional traffic violations a class B felony.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/31/05 0901s

05-0521

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to penalties for eluding pursuit by a law enforcement officer.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Disobeying an Officer; Eluding Pursuit. Amend RSA 265:4, I(c) to read as follows:

(c) Purposely neglect to stop when signaled to stop by any law enforcement officer who is in uniform or who displays his badge conspicuously on the outside of his outer coat or garment, or who signals such person to stop by means of any authorized audible or visual emergency warning signals[;], or otherwise willfully attempt to elude pursuit by a law enforcement officer [by increasing] without an increase in speed, extinguishing headlamps while still in motion, or abandoning a vehicle while being pursued, provided that a person shall not be deemed to be attempting to elude pursuit if such person is signaled to stop at night by a law enforcement officer and elects to proceed to the nearest well-lighted public place;

2 Disobeying an Officer; Penalties. Amend RSA 265:4, III(b) to read as follows:

(b) Any person who violates the provisions of subparagraph I(c)[,] and is involved in a motor vehicle accident which causes serious bodily injury as defined in RSA 625:11, VI while being pursued, or who willfully attempts to elude pursuit by a law enforcement officer by increasing speed to 25 miles per hour or more over the posted speed limit and committing 2 or more additional traffic violations, shall be guilty of a class B felony.

3 Effective Date. This act shall take effect January 1, 2006.