A "vehicular pursuit" is an attempt by a uniformed peace officer in a vehicle equipped with emergency lights and a siren to stop a moving vehicle where the operator of the moving vehicle appears to be aware that the officer is signaling the operator to stop the vehicle and the operator of the moving vehicle appears to be willfully resisting or ignoring the officer's attempt to stop the vehicle by increasing vehicle speed, making evasive maneuvers, or operating the vehicle in a reckless manner that endangers the safety of the community or the officer. When engaging in a vehicular pursuit, the officer may violate certain rules of the road including, for example, stop signals, speed limits, and parking restrictions.
An officer may not engage in a vehicular pursuit unless:
The officer must receive authorization from a supervisor to engage in the vehicular pursuit and there must be supervisory control, or, in jurisdictions with fewer than 10 commissioned officers, the officer must request the on-call supervisor be notified if a supervisor is not on duty at the time. The officer and supervisor (when applicable) must consider alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations. The officer must terminate the vehicular pursuit if any of these requirements are not met.
The officer must also comply with any agency procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to participate in the vehicular pursuit and comply with any agency procedures for coordinating operations with other jurisdictions, including available tribal police departments when applicable.
The evidentiary threshold required for engaging in a vehicular pursuit is modified to allow an officer to conduct the vehicular pursuit if the officer has reasonable suspicion to believe that a person in the vehicle has committed or is committing any of the following:
Vehicular pursuits are limited to situations where the subject poses a serious risk of harm to others. An officer must notify a supervisor immediately upon initiating the vehicular pursuit, and supervisory oversight of the pursuit is required. In jurisdictions with fewer than 15 commissioned officers, the pursuing officer must request the on-call supervisor be notified if a supervisor is not on duty at the time.
The vehicular pursuit must also adhere to the following additional requirements:
The amended bill makes two main changes to the engrossed bill. A pursuing officer in a jurisdiction with 15 or fewer commissioned officers, rather than 10, must request the on-call officer be notified of the pursuit upon initiating the pursuit. Emergency vehicle operator training must include training on performing the risk assessment analysis of whether a person being pursued poses a serious risk of harm to others and when the safety risks of failing to apprehend or identify the person are considered greater than the safety risk of the pursuit.
No public hearing was held.