22nd Alaska State Legislature
News from Representative Norman Rokeberg



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House Passes Rokeberg's "Stop for Cops" Bill
HB 381 Limits Felony for Eluding Police to Reckless Drivers

For Immediate Release: March 20, 2002
Contact: Representative Norman Rokeberg at (907) 465-4968

(JUNEAU) - Only motorists who drove recklessly after failing to obey police directions to stop would be subject to felony charges of eluding a peace officer, under House Bill 381, which passed the House today.

"The Legislature voted in 1998 to let police bring felony charges against drivers who disregard an officer's direction to stop and who then committed another offense, even a traffic violation," said Rep. Norman Rokeberg (R-Anchorage), chairman of the House Judiciary Committee. This was an attempt to discourage cases in which defiant drivers placed themselves, other motorists, police or pedestrians in danger while fleeing from police.

"Unfortunately, the unintended result since the law was amended has been that the number of felony eluding charges has increased each year," said Rokeberg. "Now, even if an individual with a broken taillight doesn't stop for a police officer, they could be charged with a felony, and that's clearly not the intent of the law."

Only about half of the violators charged with felony eluding were convicted in 2000, which Rokeberg said indicated police were overusing the felony charge, and demonstrated the need for the Legislature to provide more focus and clearer direction as to when the charge should be made.

House Bill 381, which Rokeberg sponsored as chair of the judiciary committee, would elevate eluding a police officer to a felony charge only if an individual was also recklessly driving, while preserving the officer's ability to bring misdemeanor charges against drivers whose failure to stop represents a lesser risk and lesser offense.

"This bill clarifies the intent of the Legislature in 1998 which was to increase penalties in certain situations in order to reduce the number of cases where a driver endangers the public by eluding a peace officer who is attempting to stop the vehicle," Rokeberg said.

HB 381 moves next to the Senate for consideration.

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Related Links

· House Passes Rokeberg's "Stop for Cops" Bill

· 1998 Bill

· AS 28.35.182