Tennessee § 39-16-603 - Evading arrest.

§ 39-16-603. Evading arrest.

Except as provided in subsection (b), it is unlawful for any person to intentionally conceal themselves or flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person: Knows the officer is attempting to arrest the person; or Has been arrested. It is a defense to prosecution under this subsection (a) that the attempted arrest was unlawful. A violation of subsection (a) is a Class A misdemeanor. It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from the officer to bring the vehicle to a stop. It is a defense to prosecution under this subsection (b) that the attempted arrest was unlawful. Except as provided in subdivision (b)(3)(B), a violation of this subsection (b) is a Class E felony and shall be punished by confinement for not less than thirty (30) days. If the flight or attempt to elude creates a risk of death or injury to innocent bystanders, pursuing law enforcement officers, or other third parties, a violation of this subsection (b) is a Class D felony and shall be punished by confinement for not less than sixty (60) days. In addition to the penalty prescribed in this subsection (b), the court shall order the suspension of the driver license of the person for a period of not less than six (6) months nor more than two (2) years. If the license is already suspended, at the time the order is issued, the suspension shall begin on the date the existing suspension ends. The court shall also confiscate the license being suspended and forward it to the department of safety along with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person's nonresident driving privileges for the appropriate length of time. In addition to the penalties prescribed in this section, the court shall order a person who commits evading arrest and, in doing so, recklessly damages government property, including, but not limited to, a law enforcement officer's uniform or motor vehicle, to pay restitution to the appropriate government agency for the value of any property damaged. Acts 1989, ch. 591, § 1; 1995, ch. 467, § 1; 2016, ch. 633, §§ 1, 2; 2020, ch. 584, § 1. Compiler's Notes. Acts 1995, ch. 467, § 3 provided that the amendment by that act applies to all violations occurring after July 1, 1995. Amendments. The 2020 amendment added (c). Effective Dates. Acts 2020, ch. 584, § 2. July 1, 2020. Cross-References. Penalties for Class D and E felonies, § 40-35-111 . Penalty for Class A misdemeanor, § 40-35-111 . Attorney General Opinions. “Innocent bystanders or other third parties,” as used in T.C.A. § 39-16-603(b)(3) , means people present other than the driver evading arrest and the law enforcement officer attempting to arrest the driver; the phrase does not exclude persons who share criminal responsibility with the operator of the vehicle or passengers in the fleeing vehicle, OAG 00-140 (9/7/00).