§ 35-227. Fleeing or attempting to elude a police officer.

(a)

(1)

Any driver of a motor vehicle who willfully fails or refuses to bring such driver's vehicle to a stop for a pursuing police vehicle or police bicycle when given visual or audible signal to bring the vehicle to a stop shall be guilty as provided by subsection (c).

(2)

Any driver of a motor vehicle who willfully flees or attempts to elude a pursuing police vehicle or police bicycle when given visual or audible signal to bring the vehicle to a stop, shall be guilty as provided by subsection (c).

(3)

It shall be an affirmative defense to any prosecution under subsection (a)(1) that the driver's conduct in violation of such paragraph was caused by such driver's reasonable belief that the vehicle or bicycle pursuing such driver's vehicle is not a police vehicle or police bicycle.

(b)

The signal given by the police officer may be by hand, voice, emergency light, or siren:

(1)

If the officer giving such signal is within or upon an official police vehicle or police bicycle at the time the signal is given, the vehicle or bicycle shall be appropriately marked showing it to be an official police vehicle or police bicycle; or

(2)

If the officer giving such signal is not utilizing an official police vehicle or police bicycle at the time the signal is given, the officer shall be in uniform, prominently displaying such officer's badge of office at the time the signal is given.

(c)

Every person convicted of violating subsection (a) of this section, shall upon a first conviction, be sentenced to not more than six months in jail, fined not more than $1,000.00, or be subject to both. Every person convicted of violating this section shall upon a second conviction be punished by imprisonment not to exceed one year or fined not to exceed $2,500.00 or both.

(d)

For the purpose of this section, "conviction" means a final conviction without regard to whether sentence was suspended or probation granted after such conviction. Forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction. For the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section it is irrelevant whether an offense occurred before or after conviction for a previous offense.

(e)

Appropriately marked official police vehicle or police bicycle shall include but not be limited to any police vehicle or bicycle equipped with functional emergency lights or siren or both and on which the emergency lights or siren or both have been activated for the purpose of signaling a driver to stop a motor vehicle.

(Code 1964, § 36-60; Code 1988, § 35-187; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 63953, § 3, 7-1-1982; Ord. No. 65822, § 4, 7-8-1993; Ord. No. 66164, § 12, 10-17-1996; Ord. No. O-85-09, § 6, 11-5-2009; Ord. No. O-49-15 , § 1, 8-13-2015)

State law reference

Similar provisions, K.S.A. 8-1568.