§ 3733 — Fleeing or attempting to elude police officer

(a) Offense defined.--Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police officer, when given a visual and audible signal to bring the vehicle to a stop, commits an offense as graded in subsection (a.2).

(a.1) Disposition of fines, etc.--The fines imposed and collected under subsection (a) shall not be subject to 42 Pa.C.S. § 3733 (relating to deposits into account). The fines imposed and collected under subsection (a) shall be distributed in the manner provided in 42 Pa.C.S. § 3571(b)(2) and (3) (relating to Commonwealth portion of fines, etc.).

(a.2) Grading.--

(1) Except as provided in paragraph (2), an offense under subsection (a) constitutes a misdemeanor of the second degree. Any driver upon conviction shall pay an additional fine of $500. This fine shall be in addition to and not in lieu of all other fines, court expenses, jail sentences or penalties.

(2) An offense under subsection (a) constitutes a felony of the third degree if the driver while fleeing or attempting to elude a police officer does any of the following:

(i) commits a violation of section 3802 (relating to driving under influence of alcohol or controlled substance);

(ii) crosses a State line; or

(iii) endangers a law enforcement officer or member of the general public due to the driver engaging in a high-speed chase.

(b) Signal by police officer.--The signal given by the police officer may be by hand, voice, emergency lights or siren.

(c) Defenses.--

(1) It is a defense to a prosecution under this section that the pursuing police officer's vehicle was not clearly identifiable by its markings or, if unmarked, was not occupied by a police officer who was in uniform and displaying a badge or other sign of authority.

(2) It is a defense to prosecution under this section if the defendant can show by a preponderance of the evidence that the failure to stop immediately for a police officer's vehicle was based upon a good faith concern for personal safety. In determining whether the defendant has met this burden, the court may consider the following factors:

(i) The time and location of the event.

(ii) The type of police vehicle used by the police officer.

(iii) The defendant's conduct while being followed by the police officer.

(iv) Whether the defendant stopped at the first available reasonably lighted or populated area.

(v) Any other factor considered relevant by the court.

Legislative History

(Dec. 27, 1994, P.L.1337, No.154, eff. 180 days; June 26, 2001, P.L.734, No.75, eff. 60 days; July 10, 2006, P.L.1086, No.113, eff. 60 days) 2006 Amendment.Act 113 amended subsec. (a) and added subsec. (a.2). Act 113 overlooked the amendment by Act 75 of 2001, but the amendments do not conflict in substance and have both been given effect in setting forth the text of subsec. (a). 2001 Amendment.Act 75 amended subsecs. (a) and (c). 1994 Amendment.See section 5 of Act 154 in the appendix to this title for special provisions relating to appropriation of fines. Cross References.Section 3733 is referred to in sections 1508, 1532 of this title; section 5104.3 of Title 18 (Crimes and Offenses).