MS HB402

Increases maximum prison sentence for fleeing from law enforcement in a motor vehicle with reckless disregard from 5 years to 10 years, with a maximum fine of $5,000.

Maintains existing penalties: misdemeanor for simple failure to stop (up to $1,000 fine or 6 months jail), 3-20 years imprisonment for serious bodily injury, and 5-40 years for death resulting from the violation.

Establishes 11 specific factors courts must consider when determining if police conduct was reckless during pursuit, including length of chase, neighborhood type, seriousness of offense, officer experience, available alternatives, and weather conditions.

Preserves existing defenses: driver may claim officer was not in uniform or vehicle was not clearly marked as law enforcement, or that driver proceeded safely to a well-lit public place before stopping.

Effective date: July 1, 2023.