Brief⁽¹⁾

H.B. 2744 amends the crime of fleeing or eluding a police officer by adding several new factors that would apply to violations of the law and to bifurcate the crime and increase penalties for certain types of first time violations to make it a level 9 person felony. Otherwise, the crime would remain a class B nonperson misdemeanor for the first offense, a class A nonperson misdemeanor for a second offense, and a level 9 person felony for third and subsequent offenses.

The level 9 person felony penalty for the first offense would apply to those persons who, during a police pursuit:

• fail to stop for a police roadblock;



• drive around tire deflating devices;



• engage in reckless driving;



• are involved in a motor vehicle accident or causing intentional property damage; or



• attempt to elude capture for the commission of any felony.

The Division of Motor Vehicles will be required to promote public awareness of the new provisions when individuals apply for or renew a driver's license.

Background

A representative of the Lenexa Police Department spoke in favor of the original bill.

The House amendments were originally contained in H.B. 2563.

The Senate Committee deleted the provisions of driving more than 20 miles over the speed limit as qualifying for the enhanced penalty and made technical amendments.

The fiscal note indicates no fiscal or administrative impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.