unlawful flight; reckless endangerment; violation

Plain English Breakdown

The official source does not provide specific details on how law enforcement should respond to unlawful flight.

Unlawful Flight and Reckless Endangerment

HB2108 increases the penalties for fleeing from a police car, making it a class 4 felony if someone's life is recklessly endangered during the chase and a class 2 felony if serious injury occurs or a minor under 15 years old is transported.

What This Bill Does

• Establishes that a driver who commits unlawful flight is guilty of a class 4 felony if, while fleeing, the driver operates the motor vehicle in a manner that recklessly endangers another person's life.
• Establishes that a driver who commits unlawful flight is guilty of a class 2 felony if any of the following apply: causing serious physical injury to another person, transporting a minor under 15 years old, or violating DUI statutes.

Who It Names or Affects

• Drivers who flee from police cars
• Law enforcement officers involved in pursuits

Terms To Know

Unlawful Flight

Fleeing or attempting to elude a pursuing official law enforcement vehicle.

Reckless Endangerment

Operating a motor vehicle in a way that puts another person's life at risk while fleeing from police.

Limits and Unknowns

• The bill does not specify how law enforcement should respond to unlawful flight.
• It is unclear what additional resources will be provided for enforcing these new penalties.

Official Summary Text

HB2108 - 572R - House Bill Summary

ARIZONA HOUSE OF REPRESENTATIVES

57th
Legislature, 2nd Regular Session

Majority Research Staff

House:
JUD DP 6-3-0-0

HB
2108
: unlawful flight; reckless endangerment; violation

Sponsor:
Representative Martinez, LD 16

House
Engrossed

Overview

Enhances the
unlawful flight statute by creating higher felony classifications when a person
flees from law enforcement and either recklessly endangers another person,
causes serious physical injury, transports a minor under age 15 or is convicted
of DUI-related offenses.

History

Under current law, a person commits
unlawful flight
from a pursuing law enforcement vehicle
, a class 5 felony, by willfully
fleeing a pursuing official law enforcement vehicle while the law enforcement
vehicle is either:

1)

marked
to show that it is an official law enforcement vehicle and has engaged its
siren and lights; or

2)

unmarked
and either of the following applies: a) the driver admits to knowing that the
vehicle was an official law enforcement vehicle; or b) evidence shows that the
driver knew that the vehicle was an official law enforcement vehicle (
A.R.S. �
28-622.01
).

A person commits
driving under the influence
(DUI),
a class 1 misdemeanor offense, by driving a vehicle in Arizona while qualifying
as impaired or intoxicated; most commonly by having a blood alcohol
concentration of 0.08 or more within two hours of driving (
A.R.S. �
28-1381
).

A person commits
extreme DUI
, also a class 1
misdemeanor, by driving a vehicle in Arizona and having a blood alcohol concentration
of 0.15 or more within two hours of driving (
A.R.S. �
28-1382
).

Serious physical injury
is defined as
physical injury that creates a reasonable risk of death or that causes serious
and permanent disfigurement, serious impairment of health or loss or protracted
impairment of the function of any bodily organ or limb

(
A.R.S. � 13-105
).

Provisions

1.

Establishes
that a driver who commits unlawful flight is guilty of a class 4 felony if,
while fleeing, the driver operates the motor vehicle in a manner that
recklessly endangers the life of another person. (Sec. 1)

2.

Establishes
that a driver who commits unlawful flight is guilty of a class 2 felony if,
while fleeing, any of the following apply:

a.

the offense
results in serious physical injury to another;

b.

at the time
of the offense, the driver is transporting a minor under 15 years old; or

c.

at the time
of the offense, the driver is in violation of the DUI or extreme DUI statutes.
(Sec. 1)

d.

e.

f.

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Initials
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Current Bill Text

HB2108 - 572R - H Ver

House Engrossed

unlawful flight;
reckless endangerment; violation

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2108

AN
ACT

AMENDING section 28-622.01, Arizona
Revised Statutes; relating to unlawful flight.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-622.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-622.01.

Unlawful flight from pursuing law enforcement vehicle; violation;
classification; marked and unmarked vehicles; reckless endangerment

a.
A driver of a motor vehicle
who wilfully flees or attempts to elude a pursuing official law enforcement
vehicle is guilty of a class 5 felony if the law enforcement vehicle is either:

1. Being operated in the manner described in section
28-624, subsection C and is appropriately marked to show that it is an
official law enforcement vehicle.

2. Unmarked and either of the following applies:

(a) The driver admits to knowing that the vehicle
was an official law enforcement vehicle.

(b) Evidence shows that the driver knew that the
vehicle was an official law enforcement vehicle.

B. A driver of a motor vehicle is
guilty of a class 4 felony if the driver violates subsection a of this section
and the driver operates the motor VEHICLE in a manner that recklessly endangers
the life of another person while fleeing or attempting to elude a PURSUING
OFFICIAL law enforcement vehicle.

c. A driver of a motor vehicle is
guilty of a class 2 felony if the driver violates subsection a of this section
and any of the following applies:

1. the driver caused serious physical
injury as defined in section 13-105 to another person.

2. the motor vehicle was transporting
a minor who is under fifteen years of age.

3. the driver of the MOTOR vehicle is
found guilty of a violation of section 28-1381 or 28-1382.

END_STATUTE