2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 37 - Miscellaneous Provisions
3733 - Fleeing or attempting to elude police officer.

     § 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.
     (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, 6503 of this title.