House Bill 1494

AN ACT TO AMEND SECTION 97-9-73, MISSISSIPPI CODE OF 1972, TO CLARIFY THE OFFENSE OF FLEEING A LAW ENFORCEMENT OFFICER WHILE 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) It shall be unlawful for any person to wilfully and unlawfully flee in a motor vehicle from any law enforcement officer of the state, local or federal government, acting lawfully within the scope of his duties, when such law enforcement officer has reasonable belief that the driver or occupant of such motor vehicle may be involved in criminal activity, and such officer is exhibiting an activated flashing, blinking, oscillating or strobing blue light that is visible to the fleeing person or persons and such officer is sounding an audible signal by siren that is audible for a distance of five hundred (500) feet under the existing conditions.

It shall be lawful for a person to continue traveling to the first well lighted location or safe exit out of traffic before stopping so long as the vehicle is operated at a lawful speed, no occupant of the motor vehicle performs any hazardous violations of Mississippi law, and no occupant of the motor vehicle ejects anything from the motor vehicle, or flees from the motor vehicle.

(a) Any person who violates subsection (2) of this section and during the violation does not violate the lawfully posted speed limits during such violation or any of the occupants of the vehicle do not commit any violent or hazardous act or any occupant of such motor vehicle during such violation does not flee from the motor vehicle or eject any items from the motor vehicle is guilty of resisting arrest in a motor vehicle, a misdemeanor, and upon conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) or imprisoned for not more than two (2) days in jail or by both such fine and imprisonment.

(b) Any person who violates subsection (2) of this section and during such violation violates the posted speed limit or commits any hazardous or violent acts or ejects anything from the motor vehicle, or flees from the motor vehicle is guilty of resisting arrest hazardously in a motor vehicle, a misdemeanor, and upon conviction, shall be fined not less than Five Hundred Dollars ($500.00) nor more than Three Thousand Dollars ($3,000.00) or imprisoned for not less than two (2) days nor more than one (1) year, or by both such fine and imprisonment. The Commissioner of Public Safety shall suspend the driving privilege of such person violating subsection (2)(b) of this section for a period of one (1) year after a final conviction has been established and no hardship or early reinstatement of the violator's driving privilege shall take place.

(c) Any person who violates subsection (2) of this section and during such violation causes property damage to public property or private property shall be guilty of resisting arrest destructively in a motor vehicle, a misdemeanor, and upon conviction shall pay restitution in the amount of one and one-fourth (1-1/4) items the cost to repair or replace the damaged or destroyed property as per the least of two (2) appraisals conducted by the court having jurisdiction, and shall be fined not less than Five Hundred Dollars ($500.00) nor more than Three Thousand Dollars ($3,000.00) and shall be imprisoned for not less than two (2) days nor more than one (1) year, or by both such fine and imprisonment. The Commissioner of Public Safety shall suspend the driving privilege of such person violating subsection 2(c) of this section for a period of one (1) year after a final conviction has been established and no hardship or early reinstatement of the violator's driving privilege shall take place.

(d) Any person who violates subsection (2) of this section and during such violation causes minor injury to any person or persons, shall be guilty of resisting arrest by simple injury in a motor vehicle, a misdemeanor, and upon conviction shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and shall be imprisoned for not less than ten (10) days nor more than one (1) year. The Commissioner of Public Safety shall suspend the driving privilege of said person violating subsection (2)(d) of this section for a period of two (2) years after a final conviction has been established and no hardship or early reinstatement of the violator's driving privilege shall take place.

(e) Any person who violates subsection (2) of this section and during such violation of causes the death of any person or causes the mutilation, disfigurement, disabling, or scarring or any person's body shall be guilty of feloniously resisting arrest in a motor vehicle, a felony, and upon conviction shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than Fifty Thousand Dollars ($50,000.00) and shall be imprisoned for not less than five (5) years nor more than twenty-five (25) years in the State Penitentiary. The Commissioner of Public Safety shall suspend the driving privilege of the person violating subsection (2)(e) of this section for a period of five (5) years after a final conviction has been established and no hardship or early reinstatement of the violator's driving privilege shall take place.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.