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.