2007 Regular Session
To: Judiciary, Division B
By: Senator(s) Jackson (15th), White, Wilemon, Clarke, Fillingane, Morgan, Albritton
AN ACT TO AMEND SECTION 97-9-72, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF FLEEING OR ELUDING A LAW ENFORCEMENT OFFICER IN A MOTOR VEHICLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-9-72, Mississippi Code of 1972, is amended as follows:
97-9-72. (1) The driver of a motor vehicle who is given a visible or audible signal by a law enforcement officer by hand, voice, emergency light or siren directing the driver to bring his motor vehicle to a stop when such signal is given by a law enforcement officer acting in the lawful performance of duty who has a reasonable suspicion to believe that the driver in question has committed a crime, and who willfully fails to obey such direction shall be guilty of a * * *felony and, upon conviction, shall be committed to the custody of the Department of Corrections for not less than five (5) nor more than forty (40) years.
(2) It is a defense to prosecution under this section:
(a) That the law enforcement officer was not in uniform or that no law enforcement vehicle used in the attempted stop was clearly marked as a law enforcement vehicle; or
(b) That the driver proceeded in a safe manner to a reasonably near well-lit public place before stopping.
SECTION 2. This act shall take effect and be in force from and after its passage.