1076-S.E AMS JUD S2631.1

ESHB 1076 - S COMM AMD

By Committee on Judiciary

ADOPTED 04/15/2003

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.61.024 and 1983 c 80 s 1 are each amended to read as follows:

(1) Any driver of a motor vehicle who willfully fails or refuses to immediately bring his vehicle to a stop and who drives his vehicle in a reckless manner ((indicating a wanton or wilful disregard for the lives or property of others)) while attempting to elude a pursuing police vehicle, after being given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a class C felony. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such a signal shall be in uniform and ((his)) the vehicle shall be ((appropriately marked showing it to be an official police vehicle)) equipped with lights and sirens.

(2) It is an affirmative defense to this section which must be established by a preponderance of the evidence that: (a) A reasonable person would not believe that the signal to stop was given by a police officer; and (b) driving after the signal to stop was reasonable under the circumstances.

(3) The license or permit to drive or any nonresident driving privilege of a person convicted of a violation of this section shall be revoked by the department of licensing."

ESHB 1076 - S COMM AMD

By Committee on Judiciary

ADOPTED 04/15/2003

On page 1, line 1 of the title, after "vehicle;" strike the remainder of the title and insert "amending RCW 46.61.024; and prescribing penalties."

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