BILL NUMBER: SB 1735	CHAPTERED  09/29/06

	CHAPTER  688
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE SENATE  AUGUST 23, 2006
	PASSED THE ASSEMBLY  AUGUST 22, 2006
	AMENDED IN ASSEMBLY  AUGUST 7, 2006
	AMENDED IN SENATE  MAY 2, 2006
	AMENDED IN SENATE  MARCH 27, 2006

INTRODUCED BY   Senator Cox

                        FEBRUARY 24, 2006

   An act to add Section 2800.4 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1735, Cox  Vehicles: police pursuits.
   (1) Existing law makes it a misdemeanor for a person operating a
motor vehicle to willfully flee or otherwise attempt to elude a
pursuing peace officer's motor vehicle under certain conditions. If
the pursued vehicle is driven in a willful or wanton disregard for
the safety of persons or property, or where that unlawful act
proximately causes death or serious bodily injury, the offense is
punishable as a misdemeanor or a felony, as specified.
   This bill would make it a misdemeanor or felony if a person
willfully flees or attempts to elude a pursuing peace officer and the
person operating the pursued vehicle willfully drives that vehicle
on a highway in a direction opposite to that in which the traffic
lawfully moves upon that highway. By creating a new crime this bill
would impose a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2800.4 is added to the Vehicle Code, to read:
   2800.4.  Whenever a person willfully flees or attempts to elude a
pursuing peace officer in violation of Section 2800.1, and the person
operating the pursued vehicle willfully drives that vehicle on a
highway in a direction opposite to that in which the traffic lawfully
moves upon that highway, the person upon conviction is punishable by
imprisonment for not less than six months nor more than one year in
a county jail or by imprisonment in the state prison, or by a fine of
not less than one thousand dollars ($1,000) nor more than ten
thousand dollars ($10,000), or by both that fine and imprisonment.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.