CERTIFICATION OF ENROLLMENT

ENGROSSED SUBSTITUTE HOUSE BILL 1076

Chapter 101, Laws of 2003

58th Legislature
2003 Regular Session



POLICE VEHICLES--ELUDING



EFFECTIVE DATE: 7/27/03

Passed by the House April 22, 2003
  Yeas 96   Nays 1

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 15, 2003
  Yeas 49   Nays 0


BRAD OWEN
________________________________________    
President of the Senate		 
CERTIFICATE

I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1076 as passed by the House of Representatives and the Senate on the dates hereon set forth.


CYNTHIA ZEHNDER
________________________________________    
Chief Clerk
Approved May 7, 2003.








GARY LOCKE
________________________________________    
Governor of the State of Washington		 
FILED
May 7, 2003 - 2:15 p.m.







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED SUBSTITUTE HOUSE BILL 1076
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2003 Regular Session
State of Washington58th Legislature2003 Regular Session

By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Lovick, McDonald, O'Brien, Moeller, Chase, Haigh, Carrell, Simpson and Kagi)

READ FIRST TIME 02/11/03.   



     AN ACT Relating to attempting to elude a pursuing police vehicle; amending RCW 46.61.024; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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.


         Passed by the House April 22, 2003.
         Passed by the Senate April 15, 2003.
         Approved by the Governor May 7, 2003.
         Filed in Office of Secretary of State May 7, 2003.