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Senate committee advances bill narrowing when fleeing suspect can be charged with obstructing arrest
Summary
Senate Bill 952, a measure that would make it a Class 1 misdemeanor to "knowingly and intentionally prevent[] or attempt[] to prevent" a lawful arrest when specified qualifiers are met, was reported out of the Virginia Senate Courts of Justice Committee on a 9-5 vote.
Senate Bill 952, a measure that would make it a Class 1 misdemeanor to "knowingly and intentionally prevent[] or attempt[] to prevent" a lawful arrest when certain qualifiers are met, was reported out of the Virginia Senate Courts of Justice Committee on a 9-5 vote.
The substitute amendment adopted in committee narrows the existing language by adding three qualifying elements: (1) the officer must have legal authority to make the arrest; (2) the officer must have clearly communicated to the person that they were under arrest and the person must know or have reason to know the speaker is a law enforcement officer; and (3) the officer must either have applied physical force or be within 30 feet (10 yards) of the person when announcing the arrest. The substitute was…
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