1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further providing for fleeing or attempting to
3elude police officer and for vehicular hazard signal lamps.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 3733(c)(2) of Title 75 of the
7Pennsylvania Consolidated Statutes is amended to read:

8§ 3733. Fleeing or attempting to elude police officer.

9* * *

10(c) Defenses.--

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12(2) It is a defense to prosecution under this section if
13the defendant can show by a preponderance of the evidence
14that the failure to stop immediately for a police officer's
15vehicle was based upon a good faith concern for personal
16safety. In determining whether the defendant has met this
17burden, the court may consider the following factors:

18(i) The time and location of the event.

1(ii) The type of police vehicle used by the police
2officer.

3(iii) The defendant's conduct while being followed
4by the police officer.

5(iv) Whether the defendant stopped at the first
6available reasonably lighted or populated area.

7(v) Whether the defendant had activated the
8vehicle's hazard signal lamps to indicate that the
9defendant acknowledged the presence of a police officer
10in pursuit of the vehicle and intended to pull over at
11the first available safe, well-lighted or populated area.

12[(v)] (vi) Any other factor considered relevant by
13the court.

14Section 2. Section 4305(b) of Title 75 is amended by adding
15a paragraph to read:

16§ 4305. Vehicular hazard signal lamps.

17* * *

18(b) Use outside business and residence districts.--Outside
19of a business or residence district:

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21(3) The driver of a motor vehicle equipped with
22simultaneous flashing signals shall use the signals to
23indicate that the driver acknowledges the presence of a
24police officer who is in pursuit of the vehicle and that the
25driver will pull over at the first available safe, well-
26lighted or populated area.

27* * *

28Section 3. This act shall take effect in 60 days.