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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | April 4, 2013 10:18 AM |
|---|---|
| From: | Representative Kathy L. Rapp |
| To: | All House members |
| Subject: | Amend Title 75 (Vehicles), further providing for fleeing or attempting to elude police officer and for vehicular hazard signal lamps |
| I soon will be introducing legislation to further provide for a legal defense against the prosecution of drivers who do not immediately pull over for a police officer in pursuit of them, whether in a marked or unmarked law enforcement vehicle, because of the driver’s concern for his or her safety or security. Specifically, my legislation would amend the state Vehicle Code to add to the list of defenses already in statute the factor that a driver had activated his or her vehicular hazard lights (four-way flashers) as a signal to pursuing law enforcement that the driver acknowledges the presence of law enforcement, but is looking for a safe place to pull over and stop his or her vehicle at the first available safe, well-lighted or populated area. I represent a district in a very rural area of the Commonwealth, and I personally have experienced the reality of driving through miles of deserted stretches of highway devoid of any lighted or populated areas. I can understand how someone would be reluctant or insecure about pulling over in a deserted, unlit area when pursued by law enforcement. In fact, there have been cases where someone posing as a police officer has stopped unsuspecting motorists, with tragic results. Accounting for that possibility, Section 3733 of Title 75 (Fleeing or attempting to elude police officer) includes a subsection that enumerates accepted defenses against prosecution for that offense. Proceeding to the first available safe, well-lighted or populated area is one such defense. My legislation strengthens that defense by adding as an admissible defense the fact that a driver activated his or her vehicle’s hazard signal lamps to indicate that the defendant acknowledged the presence of a police officer in pursuit of the vehicle and intended to pull over when he or she deemed it safe to do so. I believe adding this provision will add an extra measure of protection and security for the motoring public, as well as providing for clearer communication between the public and law enforcement. |
Introduced as HB1360