In 1993, the Virginia General Assembly amended the Code to provide that if serious bodily injury should occur as a result of an individual's failure to stop his or her automobile upon signal by a law enforcement officer, the individual shall be guilty of a class 6 felony. Virginia Code Section 46.2-817. In passing this law, the General Assembly recognized the danger both law enforcement officers and citizens face when individuals fail to heed an officer's signal to stop. In the past few months, the news in Northern Virginia reported two highly publicized cases involving accidents where citizens or law enforcement officers were injured due to a driver's failure to heed the officer's signal to stop.
Such danger does not exist solely with automobiles, however. Similar concerns arise when the individual is on foot, or some other form of transportation besides automobiles such as skateboards, in-line skates, or bicycles. When an officer signals or directs an individual to stop, and the individual refuses, a chase is likely to ensue. Whether that individual is on foot or utilizing a devise with wheels to elude the officer, bystanders, other citizens on the path and/or the officer can be injured. Although it may tend to not involve fatal injuries, people on the sidewalk can be easily knocked over causing severe harm and broken bones. At times, officers are forced to give chase to such fleeing individuals across traffic which results in automobile accidents or more serious risk of harm.
Today, many police departments in Virginia, and throughout the country, have resorted to having to instruct their officers not to pursue in many situations. The Departments recognize the increase in the danger to the officers and citizens alike. When the suspected violation is relatively minor, many departments are taking the position that the increased risk of harm to citizens or their officers is not worth the pursuit. In such an atmosphere, strict penalties for those who do flee from an officer is of paramount importance.
The flagrant disregard for law enforcement officers' command to stop cannot be tolerated whether it is on foot or in an automobile. Simply failing to stop must be at least a class 1 misdemeanor to emphasize the importance of cooperation with the police and our system of laws. When that brazen failure to adhere to a law enforcement officers' warning results in serious bodily injury to another, whether it be an innocent bystander or the officer, the individual must be guilty of a class 6 felony.
This bill would accomplish these goals, bringing fleeing from an officer on foot on the same par as fleeing from an officer with an automobile. In this day of increased crime, we must send a strong message to criminals that we will not tolerate attempts to elude the police. When an officer gives a visible or audible signal to stop, we must insist on full cooperation with that command. Anything less must be punishable as a crime.
An Act to amend the Code of Virginia by adding Section 46.2-817.1 to cause it to be a misdemeanor to avoid a law enforcement officer on foot or a felony if injury should occur. Be it enacted by the General Assembly of Virginia that the Virginia Code is amended as follows:
§46.2-817.1- Disregarding law enforcement officer command to stop; eluding police; penalties -- Any person who, having received a visible or audible signal from any law enforcement officer to stop, walks or uses other means to move in a willful or wanton disregard of such signal so as to interfere with or endanger the operation of the law enforcement officer or endanger other property or person, or who attempts to escape or elude such law enforcement officer, shall be guilty of a Class 1 misdemeanor.
If serious bodily injury to another results from a violation of the preceding paragraph, the offender shall be guilty of a Class 6 felony.