House Bill 1035

(As Passed the House)

AN ACT TO AMEND SECTION 97-9-73, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF FLEEING OR ELUDING A LAW ENFORCEMENT OFFICER IN A MOTOR VEHICLE; TO REQUIRE STATE, COUNTY AND LOCAL LAW ENFORCEMENT AGENCIES THAT CONDUCT EMERGENCY RESPONSE AND VEHICULAR PURSUITS TO ADOPT WRITTEN POLICIES THAT SET FORTH THE MANNER IN WHICH THESE OPERATIONS SHALL BE CONDUCTED; TO REQUIRE TRAINING FOR LAW ENFORCEMENT OFFICERS WHO CONDUCT PURSUITS; 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 six (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.

(3) Law enforcement agencies shall adopt pursuit policies as required by this act.

* * *

SECTION 2. On or after January 1, 2005, each state, county and local law enforcement agency that conducts emergency response and vehicular pursuits shall adopt written policies that set forth the manner in which these operations shall be conducted. Each law enforcement agency may create their own such policies or adopt an existing model. All pursuit policies created or adopted by any law enforcement agency must address situations in which police pursuits cross over into other jurisdictions. Each state, county and law enforcement agency shall provide pursuit training to all law enforcement officers who are authorized to conduct vehicular pursuits. Law enforcement agencies which do not comply with the requirements of this provision are subject to the withholding of any state funding or state administered federal funding.

SECTION 3. This act shall take effect and be in force from and after July 1, 2004.