Adopted

AMENDMENT NO 1 PROPOSED TO

House Bill No.  402

BY: Representative Bell (65th)

AMEND by inserting the following language after line 43:

(6)  In determining whether a police was reckless in his or her pursuit of a suspect, a court shall consider the following factors:

(a)  The length of the chase;

(b)  The characteristics of the streets;

(c)  The type of neighborhood;

(d)  The seriousness of the suspect's offense;

(e)  The experience and training of the officer;

(f)  Whether the officer had available alternatives which would lead to the apprehension of the suspect besides the pursuit;

(g)  The existence of police policy which prohibits pursuit under the circumstances;

(h)  The presence of vehicular or pedestrian traffic;

(i)  The weather conditions and visibility;

(j)  Whether the officer proceeded with sirens and blue lights; and

(k)  The rate of speed of the officer in comparison to the posted speed limit.

     Further, amend the title to conform.