§ 31-27-4.2 Minimal requirements. –(a) In any criminal action brought under § 31-27-4.1 or 31-27-4.2 in whicha high speed pursuit occurs, the following definitions and minimal requirementsof the high speed pursuit shall apply and shall be complied with by thecharging police department.
(b) Any police department charging a suspect under theprovisions of this chapter shall limit the use of continued high speedvehicular pursuits to those situations which involve:
(1) The attempted apprehension of persons wanted for thecommission of felonious and/or misdemeanor acts that threaten, have threatened,or will threaten the health, life, or safety of a person or persons; or
(2) The pursuit of a motor vehicle operator who has committedflagrant moving motor vehicle violations which have endangered the lives andsafety of others, and was operating in a reckless manner before the pursuit wasinitiated, and is continuing to operate in a manner that recklessly endangersthe lives and safety of others, including, but not limited to, driving underthe influence of liquor or drugs.
(c) Definition. A "high speed pursuit" is the activeattempt by a police officer in an authorized emergency vehicle to apprehend theoccupants of a running motor vehicle at speeds in excess of fifteen miles perhour (15 MPH) over the speed limit.
(d) Responsibilities of pursuing officer(s). Uponinitiation of a high speed pursuit the officer(s) shall:
(1) As soon as practical communicate to his or her dispatcherhis or her location and direction of travel.
(2) Provide the reason for the high speed pursuit.
(3) Communicate the ongoing status of the pursuit at regularintervals including any significant change of circumstances which might affectthe decision to either continue or discontinue the pursuit.
(4) Activate all audio (sirens) and visual (emergency lights)warning devices until the high speed pursuit is terminated.
(5) Adhere to all the provisions of §§ 31-12-6through 31-12-9.
(6) Terminate the high speed pursuit when in his or herjudgment the dangers created by the pursuit outweigh the need for immediateapprehension.
(e) Responsibilities of the officer in charge and/or fieldsupervisor. In all continued high speed pursuit situations, commandresponsibility rests with the officer in charge and/or the field supervisor. Itshall be the duty of the officer in charge and/or the field supervisor toprovide adequate supervision to the officer involved in the high speed pursuitand to:
(1) Track the location of the pursuit.
(2) Review and consider as many facts of the pursuit as areavailable.
(3) Consider the potential and real dangers of thecontinuation of the pursuit.
(4) Order the termination of the high speed pursuit when inhis or her judgment the dangers created by the pursuit outweigh the need forimmediate apprehension.
(f) Interjurisdictional pursuits. Whenever thereexists the possibility of a high speed pursuit extending into anotherjurisdiction, the officer in charge shall order the surrounding jurisdictionsto be notified of the high speed pursuit and of its potential for extendinginto their jurisdictions. If the high speed pursuit enters a jurisdictiondifferent from the jurisdiction from which it began, then the high speedpursuit policy of the entered jurisdiction shall apply and control and theentered jurisdiction shall have the authority consistent with its policies toterminate the high speed pursuit. For purposes of this chapter, the statepolice shall have statewide jurisdiction.
(g) Reports. Whenever a high speed pursuit occurs,each officer involved shall submit a written report to be kept on file of hisor her participation in the pursuit and the factual reasons justifying theofficer's participation in the pursuit.
(2) The officer in charge shall also file a written reportgiving a complete account of the pursuit including his or her factual reasonfor continuing or terminating the pursuit.
(h) Each police department shall enact policies andprocedures which are consistent with these minimum requirements and to providecopies of those policies to the attorney general's department.
(i) Nothing in this chapter shall be construed to create anyadditional civil liability upon individuals or their employers who engage inhigh speed pursuits.
§ 31-27-4.2 Minimal requirements. –(a) In any criminal action brought under § 31-27-4.1 or 31-27-4.2 in whicha high speed pursuit occurs, the following definitions and minimal requirementsof the high speed pursuit shall apply and shall be complied with by thecharging police department.
(b) Any police department charging a suspect under theprovisions of this chapter shall limit the use of continued high speedvehicular pursuits to those situations which involve:
(1) The attempted apprehension of persons wanted for thecommission of felonious and/or misdemeanor acts that threaten, have threatened,or will threaten the health, life, or safety of a person or persons; or
(2) The pursuit of a motor vehicle operator who has committedflagrant moving motor vehicle violations which have endangered the lives andsafety of others, and was operating in a reckless manner before the pursuit wasinitiated, and is continuing to operate in a manner that recklessly endangersthe lives and safety of others, including, but not limited to, driving underthe influence of liquor or drugs.
(c) Definition. A "high speed pursuit" is the activeattempt by a police officer in an authorized emergency vehicle to apprehend theoccupants of a running motor vehicle at speeds in excess of fifteen miles perhour (15 MPH) over the speed limit.
(d) Responsibilities of pursuing officer(s). Uponinitiation of a high speed pursuit the officer(s) shall:
(1) As soon as practical communicate to his or her dispatcherhis or her location and direction of travel.
(2) Provide the reason for the high speed pursuit.
(3) Communicate the ongoing status of the pursuit at regularintervals including any significant change of circumstances which might affectthe decision to either continue or discontinue the pursuit.
(4) Activate all audio (sirens) and visual (emergency lights)warning devices until the high speed pursuit is terminated.
(5) Adhere to all the provisions of §§ 31-12-6through 31-12-9.
(6) Terminate the high speed pursuit when in his or herjudgment the dangers created by the pursuit outweigh the need for immediateapprehension.
(e) Responsibilities of the officer in charge and/or fieldsupervisor. In all continued high speed pursuit situations, commandresponsibility rests with the officer in charge and/or the field supervisor. Itshall be the duty of the officer in charge and/or the field supervisor toprovide adequate supervision to the officer involved in the high speed pursuitand to:
(1) Track the location of the pursuit.
(2) Review and consider as many facts of the pursuit as areavailable.
(3) Consider the potential and real dangers of thecontinuation of the pursuit.
(4) Order the termination of the high speed pursuit when inhis or her judgment the dangers created by the pursuit outweigh the need forimmediate apprehension.
(f) Interjurisdictional pursuits. Whenever thereexists the possibility of a high speed pursuit extending into anotherjurisdiction, the officer in charge shall order the surrounding jurisdictionsto be notified of the high speed pursuit and of its potential for extendinginto their jurisdictions. If the high speed pursuit enters a jurisdictiondifferent from the jurisdiction from which it began, then the high speedpursuit policy of the entered jurisdiction shall apply and control and theentered jurisdiction shall have the authority consistent with its policies toterminate the high speed pursuit. For purposes of this chapter, the statepolice shall have statewide jurisdiction.
(g) Reports. Whenever a high speed pursuit occurs,each officer involved shall submit a written report to be kept on file of hisor her participation in the pursuit and the factual reasons justifying theofficer's participation in the pursuit.
(2) The officer in charge shall also file a written reportgiving a complete account of the pursuit including his or her factual reasonfor continuing or terminating the pursuit.
(h) Each police department shall enact policies andprocedures which are consistent with these minimum requirements and to providecopies of those policies to the attorney general's department.
(i) Nothing in this chapter shall be construed to create anyadditional civil liability upon individuals or their employers who engage inhigh speed pursuits.
§ 31-27-4.2 Minimal requirements. –(a) In any criminal action brought under § 31-27-4.1 or 31-27-4.2 in whicha high speed pursuit occurs, the following definitions and minimal requirementsof the high speed pursuit shall apply and shall be complied with by thecharging police department.
(b) Any police department charging a suspect under theprovisions of this chapter shall limit the use of continued high speedvehicular pursuits to those situations which involve:
(1) The attempted apprehension of persons wanted for thecommission of felonious and/or misdemeanor acts that threaten, have threatened,or will threaten the health, life, or safety of a person or persons; or
(2) The pursuit of a motor vehicle operator who has committedflagrant moving motor vehicle violations which have endangered the lives andsafety of others, and was operating in a reckless manner before the pursuit wasinitiated, and is continuing to operate in a manner that recklessly endangersthe lives and safety of others, including, but not limited to, driving underthe influence of liquor or drugs.
(c) Definition. A "high speed pursuit" is the activeattempt by a police officer in an authorized emergency vehicle to apprehend theoccupants of a running motor vehicle at speeds in excess of fifteen miles perhour (15 MPH) over the speed limit.
(d) Responsibilities of pursuing officer(s). Uponinitiation of a high speed pursuit the officer(s) shall:
(1) As soon as practical communicate to his or her dispatcherhis or her location and direction of travel.
(2) Provide the reason for the high speed pursuit.
(3) Communicate the ongoing status of the pursuit at regularintervals including any significant change of circumstances which might affectthe decision to either continue or discontinue the pursuit.
(4) Activate all audio (sirens) and visual (emergency lights)warning devices until the high speed pursuit is terminated.
(5) Adhere to all the provisions of §§ 31-12-6through 31-12-9.
(6) Terminate the high speed pursuit when in his or herjudgment the dangers created by the pursuit outweigh the need for immediateapprehension.
(e) Responsibilities of the officer in charge and/or fieldsupervisor. In all continued high speed pursuit situations, commandresponsibility rests with the officer in charge and/or the field supervisor. Itshall be the duty of the officer in charge and/or the field supervisor toprovide adequate supervision to the officer involved in the high speed pursuitand to:
(1) Track the location of the pursuit.
(2) Review and consider as many facts of the pursuit as areavailable.
(3) Consider the potential and real dangers of thecontinuation of the pursuit.
(4) Order the termination of the high speed pursuit when inhis or her judgment the dangers created by the pursuit outweigh the need forimmediate apprehension.
(f) Interjurisdictional pursuits. Whenever thereexists the possibility of a high speed pursuit extending into anotherjurisdiction, the officer in charge shall order the surrounding jurisdictionsto be notified of the high speed pursuit and of its potential for extendinginto their jurisdictions. If the high speed pursuit enters a jurisdictiondifferent from the jurisdiction from which it began, then the high speedpursuit policy of the entered jurisdiction shall apply and control and theentered jurisdiction shall have the authority consistent with its policies toterminate the high speed pursuit. For purposes of this chapter, the statepolice shall have statewide jurisdiction.
(g) Reports. Whenever a high speed pursuit occurs,each officer involved shall submit a written report to be kept on file of hisor her participation in the pursuit and the factual reasons justifying theofficer's participation in the pursuit.
(2) The officer in charge shall also file a written reportgiving a complete account of the pursuit including his or her factual reasonfor continuing or terminating the pursuit.
(h) Each police department shall enact policies andprocedures which are consistent with these minimum requirements and to providecopies of those policies to the attorney general's department.
(i) Nothing in this chapter shall be construed to create anyadditional civil liability upon individuals or their employers who engage inhigh speed pursuits.
