Senate Bill 2073

(As Passed the Senate)

AN ACT TO AMEND SECTION 97-9-72, MISSISSIPPI CODE OF 1972, TO REVISE THE OFFENSE OF FLEEING OR ELUDING A LAW ENFORCEMENT OFFICER WHEN A MINOR IS PRESENT IN THE VEHICLE AT THE TIME OF THE OFFENSE; 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) (a) 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 misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or imprisoned in the county jail for a term not to exceed six (6) months, or both.

(b) An adult driver who violates this subsection (1) when one or more passengers are fifteen (15) years of age or younger, is subject, upon conviction, to an enhanced punishment of imprisonment in the county jail for a term not to exceed one (1) year, in addition to the fine authorized.

(2) (a) Any person who is guilty of violating subsection (1) of this section by operating a motor vehicle in such a manner as to indicate a reckless or willful disregard for the safety of persons or property, or who so operates a motor vehicle in a manner manifesting extreme indifference to the value of human life, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by commitment to the custody of the Mississippi Department of Corrections for not more than five (5) years, or both.

(b) An adult who is convicted under this subsection (2) when one or more passengers at the time of the violation were fifteen (15) years of age or younger is subject to an enhanced punishment of imprisonment or fine, or both, of up to twice that prescribed in subsection (2)(a).

(3) Any person who is guilty of violating subsection (1) of this section, which violation results in serious bodily injury of another, upon conviction, shall be committed to the custody of the Department of Corrections for not less than three (3) nor more than twenty (20) years of imprisonment.

(4) Any person who is guilty of violating subsection (1) of this section, which violation results in the death of another, 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.

(5) 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 * * *.; or

(c) That the driver proceeded in a safe manner to a reasonably near section of roadway, more suitable for stopping, a reasonably near side road or a reasonably near area designated for public parking before stopping.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.