Senate scales back penalty for 'avoiding apprehension' after constitutional concerns

Sen. Wadhams introduced amendment number 1 to Senate Bill 146 changing the penalty for 'avoiding apprehension' from a third-degree felony to a class A misdemeanor, citing committee concerns and a fiscal note that made the higher penalty expensive to implement.

The sponsor said the measure arose from concerns raised by a constituent and a K-9 handler who noted no specific penalty existed for fleeing on foot; the amendment places a class A misdemeanor on the statute for a person who flees after a lawful command to stop.

Several senators raised civil-liberties and safety concerns. Sen. Stevens cited national reporting on impersonation of police officers and said individuals — particularly women — may be advised not to stop unless they feel safe; she asked how the bill protects someone who seeks a populated location before stopping. Sen. Thomas, a prosecutor, warned the statute’s wording on "avoiding detention" could permit broader police discretion than current Supreme Court standards allow, potentially criminalizing refusal to speak or an ordinary desire to leave. The sponsor agreed to work with senators on narrowing language before final passage.

Senators ultimately passed the amendment on the floor and advanced SB146 to the third-reading calendar (26 yeas, 1 nay, 2 absent). The sponsor encouraged interested colleagues to submit amendment language to address concerns about scope and constitutional limits before third reading.