Fleeing/Eluding Legislative Study

 



A study committee of the Senate Public Safety Committee met on January 8, 2009 to examine the conditions, needs, and issues of the Georgia laws impacting fleeing or eluding a police officer. The study committee was created by Senate Resolution (SR) 1147 sponsored by Senator John Douglas and adopted by the Senate last year. Senator Douglas of Social Circle served as chairman of the study committee, other committee members were Senators Bill Jackson of Appling and Cecil Staton of Macon.

The committee received a report from legislative counsel concerning the Georgia laws (17-4-23, 40-6-395, and 40-13-30) that have been used by the courts to convict persons of eluding or fleeing a law enforcement officer. They also received a brief report on the “hot pursuit doctrine.”

Various state, county, and city law enforcement managers gave testimony to the committee on the actual application of the laws by the officers. The committee asked numerous questions of those managers and based on those questions there appears to be some interest by the legislators in making it a felony to flee or elude an officer:
• When the offender is DUI,
• When the offender crosses jurisdictional lines, and
• When the offender has a previous offense of fleeing or eluding.

The study committee will make a report to the Senate Public Safety Committee and it is anticipated that Senator Douglas will introduce legislation to create some type of felony penalties in at least those certain situations as previously identified. If you have a special interest in this, please feel free to contact your state senator. To find your senator go to www.legis.state.ga.us

The First Session of the 2009-10 Legislative Term begins January 12, 2009 and runs for a maximum of 40 legislative days.