00 CS FOR HOUSE BILL NO. 405(FIN)                                                                                        
01 "An Act relating to failing to stop a vehicle when directed to do so by a peace                                         
02 officer."                                                                                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 28.35.182 is repealed and reenacted to read:                                                      
05  Sec. 28.35.182.  Failure to stop at direction of peace officer.  (a)  A person                                      
06 commits the offense of failure to stop at the direction of a peace officer in the first                                 
07 degree if the person violates (b) of this section, and, during the commission of that                                   
08 offense, the person violates a traffic law or commits another crime.  In this subsection,                               
09   (1)  "crime" has the meaning given in AS 11.81.900;                                                                  
10   (2)  "traffic law" has the meaning given in AS 28.15.261.                                                            
11  (b)  A person commits the offense of failure to stop at the direction of a peace                                      
12 officer in the second degree if the person, while driving or operating a vehicle or                                     
13 motor vehicle or while operating an aircraft or watercraft, knowingly fails to stop as                                  
14 soon as practical and in a reasonably safe manner under the circumstances when                                          
01 requested or signaled to do so by a peace officer.                                                                      
02  (c)  In a prosecution under this section, it is an affirmative defense, if the peace                                  
03 officer, when requesting or signaling the defendant to stop,                                                            
04   (1)  was operating a vehicle, motor vehicle, aircraft, or watercraft, and                                            
05 the vehicle, motor vehicle, aircraft, or watercraft                                                                     
06   (A)  did not meet lighting and audible signaling requirements of                                                    
07 law for law enforcement vehicles; and                                                                                   
08   (B)  was not marked appropriately so that a reasonable person                                                       
09 would recognize it as a law enforcement vehicle; or                                                                     
10   (2)  was not operating a vehicle, motor vehicle, aircraft, or watercraft,                                            
11 and the peace officer was not wearing the uniform of office or displaying a badge or                                    
12 other symbol of authority so as to be reasonably identifiable as a peace officer.                                       
13  (d)  In this section,                                                                                                 
14   (1)  "knowingly" has the meaning given in AS 11.81.900;                                                              
15   (2)  "signal" means a hand motion, audible mechanical or electronic                                                  
16 noise device, visual light device, or combination of them, used in a manner that a                                      
17 reasonable person would understand to mean that the peace officer intends that the                                      
18 person stop.                                                                                                            
19  (e)  Failure to stop at the direction of a peace officer in the first degree is a                                     
20 class C felony punishable as provided in AS 12.55.  Failure to stop at the direction of                                 
21 a peace officer in the second degree is a class A misdemeanor.