MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary B

By: Representative Wells-Smith, Davis, Fillingane

AN ACT TO AMEND SECTION 97-9-73, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF FLEEING OR ELUDING A LAW ENFORCEMENT OFFICER IN A MOTOR VEHICLE; TO PROVIDE THAT SUCH OFFENSE SHALL BE A FELONY IF A TRAFFIC ACCIDENT IS CAUSED; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-9-73, Mississippi Code of 1972, is amended as follows:

97-9-73. (1) It shall be unlawful for any person to obstruct or resist by force, or violence, or threats, or in any other manner, his lawful arrest or the lawful arrest of another person by any state, local or federal law enforcement officer, and any person or persons so doing shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not more than six (6) months, or both.

(2) (a) It is unlawful for the operator of any vehicle knowingly and wilfully to refuse or fail to stop the vehicle in compliance with the directive of a duly authorized law enforcement officer or, having stopped in knowing compliance with the directive, wilfully to flee in an attempt to elude the officer, and a person who violates this subsection, upon conviction, shall be punished by imprisonment in the county jail for a period not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both fine and imprisonment.

(b) Any person who, in the course of unlawfully fleeing or attempting to elude a law enforcement officer in an authorized law enforcement patrol vehicle with agency insignia and other jurisdiction markings prominently displayed on the vehicle with siren and lights activated, and having knowledge of an order to stop by a duly authorized law enforcement officer, causes the law enforcement officer to engage in a high-speed vehicle pursuit that results in a traffic accident shall be guilty of a felony and upon conviction, shall be committed to the custody of the Department of Corrections for a period not to exceed five (5) years, and by a fine not to exceed Five Thousand Dollars ($5,000.00).

(c) The court may revoke, for a period not to exceed one (1) year, the driver's license of any person convicted under this subsection (2).

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.