Senate Bill 2446

(As Passed the Senate)

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; 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) Any person who commits a misdemeanor or felony offense and as a result willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle with siren and lights activated, and during the course of the fleeing or attempted eluding, drives at high speed, or in any manner which demonstrates a reckless disregard for the safety of persons or property shall be subject to an enhanced penalty for such offense.

(b) Upon conviction of a misdemeanor, the court may impose up to (6) additional months to the sentence if the court finds that the offender willfully fled or attempted to elude a law enforcement officer.

(c) Upon conviction of a felony, the court may impose up to eighteen (18) additional months to the sentence if the court finds that the offender willfully fled or attempted to elude a law enforcement officer.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.