Adopted

AMENDMENT NO 1 PROPOSED TO

Cmte Sub for House Bill No. 1035

BY: Representative Bailey

     AMEND by striking Sections 1 through 5 in their entirety and renumbering succeeding sections.

     AMEND further by striking lines 309 through 319 in their entirety and inserting in lieu thereof the following:

     "(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."

     AMEND FURTHER on line 327 by inserting the following after the period:

"Each state, county and law enforcement agency shall provide pursuit training to all law enforcement officers who are authorized to conduct vehicular pursuits."

     AMEND FURTHER the title to conform.