SENATE BILL 391

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Joseph J. Carraro

AN ACT

RELATING TO CRIMINAL LAW; CREATING THE OFFENSE OF AGGRAVATED FLEEING A LAW ENFORCEMENT OFFICER; PROVIDING PENALTIES; ENACTING A NEW SECTION OF THE CRIMINAL CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] AGGRAVATED FLEEING A LAW ENFORCEMENT OFFICER.--

          A. Aggravated fleeing a law enforcement officer consists of a person driving while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-102 NMSA 1978, and willfully refusing to stop the person's motor vehicle after being given a visual or audible signal to stop, whether by hand, voice, emergency light, flashing light, siren or other signal, by a uniformed law enforcement officer in pursuit of the person in an appropriately marked law enforcement vehicle.

          B. Whoever commits aggravated fleeing a law enforcement officer is guilty of a fourth degree felony."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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