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 AS 28.35.182 is repealed and reenacted to read: 05 Sec. 28.35.182.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