2800.1
Effective Jan 1, 2006Amended by Stats. 2005, Ch. 485, Sec. 6. Effective January 1, 2006.
(a) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if all of the following conditions exist:
- (1) The peace officer’s motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp.
- (2) The peace officer’s motor vehicle is sounding a siren as may be reasonably necessary.
- (3) The peace officer’s motor vehicle is distinctively marked.
- (4) The peace officer’s motor vehicle is operated by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform.
(b) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s bicycle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if the following conditions exist:
- (1) The peace officer’s bicycle is distinctively marked.
- (2) The peace officer’s bicycle is operated by a peace officer, as defined in paragraph (4) of subdivision (a), and that peace officer is wearing a distinctive uniform.
- (3) The peace officer gives a verbal command to stop.
- (4) The peace officer sounds a horn that produces a sound of at least 115 decibels.
- (5) The peace officer gives a hand signal commanding the person to stop.
- (6) The person is aware or reasonably should have been aware of the verbal command, horn, and hand signal, but refuses to comply with the command to stop.