NO. 47.  AN ACT RELATING TO ATTEMPTING TO ELUDE AN ENFORCEMENT OFFICER WHILE OPERATING A MOTOR VEHICLE.

(H.19)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. § 1133 is amended to read:

§ 1133.  ATTEMPTING TO ELUDE A POLICE OFFICER

(a)  An No operator of a motor vehicle who fails shall fail to bring his or her vehicle to a stop when signaled to do so by an enforcement officer:

(1)  wearing displaying insignia identifying him or her as such,; or

(2)  operating a law enforcement vehicle sounding a siren and displaying a flashing blue or blue and white signal lamp, shall be imprisoned for not more than six months or fined not more than $500.00, or both.

(b)(1)  A person who violates subsection (a) of this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

(2)  In the event that serious bodily injury to any person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator shall be imprisoned for not more than five years or fined not more than $3,000.00, or both.

(c)  In a prosecution under this section, the operator may raise as an affirmative defense, to be proven by a preponderance of the evidence, that the operator brought his or her vehicle to a stop in a manner, time, and distance that was reasonable under the circumstances. 

(d)  A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court.  The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund.  The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

(e)  As used in this section:

(1)  “Operator” includes an operator who, after being signaled to stop under subsection (a) of this section, leaves the vehicle and attempts to elude the officer by other means.

(2)  “Serious bodily injury” has the meaning defined in 13 V.S.A. § 1021.

Approved:  June 2, 2003