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Senate stalls on change to 'avoiding apprehension' language after debate over visual commands
Summary
Senate debate over SB 146 focused on whether a suspect on foot can be expected to obey a 'visual' command; an amendment to remove 'visual' failed and sponsors proposed replacing it with 'flashing lights' before the bill was circled for further drafting.
Senators spent extended floor time debating language in Senate Bill 146, a measure that makes fleeing to avoid arrest a misdemeanor if done for that purpose.
Sponsor Senator Wadups (floor designation in transcript) described the bill as a law‑enforcement tool and supported removing language that implied detention was required; the Senate adopted an amendment removing the word "detention." Debate then shifted to whether the statute should require compliance with a verbal or "visual" command to stop. Several senators, including Mansfield and Madsen, argued a generic "visual" command could be ambiguous for pedestrians or visitors and might be difficult to prove in court.
Supporters of retaining a visual element said flashing overhead lights are a widely understood signal from law enforcement. The motion to delete the words "or visual" failed on the floor. Sponsor and others proposed a middle ground—replacing "visual" with "flashing lights"—and the bill was circled for further drafting and amendment rather than finalized on the floor.
No final statutory language was adopted during the Feb. 9 session; the bill was circled for later consideration.
