04/17/2002 01:45 PM Senate JUD

            HB 381-FAILURE TO STOP FOR PEACE OFFICER                                                                        
                                                                                                                                
MS. HEATHER  NOBREGA, counsel  to the  House Judiciary  Committee,                                                              
explained to  members that  the legislature  amended state  law in                                                              
1998 to  address the  problem of purposely  attempting to  elude a                                                              
police officer.  That amendment raised  the crime of  committing a                                                              
moving traffic violation and failing  to stop for a police officer                                                              
to a felony.  Since that time, the number of  cases involving this                                                              
crime  have  risen dramatically.  The  purpose  of  HB 381  is  to                                                              
clarify  the intent  of  the 1998  legislation.  The  law will  be                                                              
changed  to read  that when  a driver  is  driving recklessly  and                                                              
fails  to stop  at the  direction of  a peace  officer, the  crime                                                              
rises to  a felony.  For any  other driving  violation, the  crime                                                              
would be a misdemeanor.                                                                                                         
                                                                                                                                
SENATOR  COWDERY asked  who would  determine that  the driver  was                                                              
driving recklessly.                                                                                                             
                                                                                                                                
MS. NOBREGA  said the officer  who is  trying to stop  the vehicle                                                              
would make that determination.                                                                                                  
                                                                                                                                
SENATOR COWDERY moved HB 381 to the next committee of referral.                                                                 
                                                                                                                                
SENATOR THERRIAULT  objected for the  purpose of one  question. He                                                              
asked  how this  issue was  brought  to Representative  Rokeberg's                                                              
attention.                                                                                                                      
                                                                                                                                
MS. NOBREGA  said she did  not know who  brought this  to Chairman                                                              
Rokeberg's attention. However, a  representative of the Department                                                              
of Public  Safety testified in  the House Judiciary  Committee and                                                              
said  the current  law is  being  abused by  police officers,  for                                                              
example, who  are considering a driving  violation to be  a broken                                                              
tail  light. She  noted the  Department  of Public  Safety had  no                                                              
problems with this bill.                                                                                                        
                                                                                                                                
SENATOR THERRIAULT withdrew his objection.                                                                                      
                                                                                                                                
VICE-CHAIR DONLEY asked for clarification  of the statement on the                                                              
fiscal  note  that  reads,  "Failure to  stop  while  violating  a                                                              
traffic law or committing another crime will do."                                                                               
                                                                                                                                
MS.  NOBREGA said  she was  not sure  what the  Department of  Law                                                              
meant. She noted the bill should  have a positive fiscal impact as                                                              
it should result in fewer felony trials.                                                                                        
                                                                                                                                
SENATOR THERRIAULT asked if the bill has a further referral.                                                                    
                                                                                                                                
MS. NOBREGA said it does not.                                                                                                   
                                                                                                                                
VICE-CHAIR DONLEY said that without  further objection, HB 381 was                                                              
moved out of committee.