It is enacted by the General Assembly as follows:

SECTION 1. Section 31-27-4 of the General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" is hereby amended to read as follows:

{ADD 31-27-4. Reckless driving and other offenses against public safety. -- ADD} (a) Any person who operates a motor vehicle recklessly so that the lives or safety of the public might be endangered, or participates in drag racing, or operates a vehicle in an attempt to elude or flee from a traffic officer or police vehicle, shall be guilty of a misdemeanor for the first conviction and a felony for the second and each subsequent conviction.

(b) For the purpose of this title, "drag racing" means the act of two (2) or more individuals competing or racing in a situation in which one of the motor vehicles is beside or to the rear of a motor vehicle operated by a competing driver and one driver attempts to prevent the competing driver from passing or overtaking him or her, or one or more individuals competing in a race against time unless the race is authorized by the owner of the property upon which the race takes place.

{DEL (c) For the purpose of this title, "pursuit" means an active attempt by a law-enforcement officer, in a patrol vehicle, to apprehend one or more occupants of another moving vehicle, when the driver of the fleeing vehicle is aware of the attempt to apprehend him or her and is resisting the apprehension by maintaining or increasing his or her speed, or by ignoring the law enforcement officer's attempt to stop him or her.

(d) Any person who in an attempt to elude or flee from a traffic officer or police vehicle in hot pursuit of the person, operates a motor vehicle at speeds greater than fifteen miles per hour (15 mph) over the speed limit, for the first such conviction, shall be fined a minimum mandatory fine of two hundred ($200) dollars but not more than five hundred ($500) dollars and a minimum mandatory license suspension of not less than thirty (30) days. For a second or subsequent conviction the person shall be fined a minimum mandatory fine of one thousand ($1,000) dollars and a minimum mandatory license suspension of not less than one year and/or be imprisoned for up to one month.

(e) This section as it was in effect prior to April 25, 1967 shall apply in the case of any offense theretofore committed. DEL}

SECTION 2. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is hereby amended by adding thereto the following section:

{ADD 31-27-4.1. Eluding a law enforcement officer with a motor vehicle. -- ADD} {ADD (a) For the purpose of this title, "pursuit" means an active attempt by a law enforcement officer, in a patrol vehicle, to apprehend one (1) or more occupants of another moving vehicle, when the driver of the fleeing vehicle is aware of the attempt to apprehend him or her and is resisting the apprehension by maintaining or increasing his or her speed, or by ignoring the law enforcement officer's attempt to stop him or her.

(b) Any person who in an attempt to elude or flee from a traffic officer or police vehicle in hot pursuit of the person, operates a motor vehicle at speeds greater than fifteen (15) miles per hour over the speed limit, for the first such conviction, shall be fined a minimum mandatory fine of five hundred dollars ($500) but not more than one thousand dollars ($1,000) and a minimum mandatory license suspension of not less than ninety (90) days and may be imprisoned for not less than ten (10) days nor more than ninety (90) days. For a second or subsequent conviction the person shall be fined a minimum mandatory fine of two thousand dollars ($2,000) but not more than five thousand dollars ($5,000) and a minimum mandatory license suspension of not less than one (1) year and shall be imprisoned for not less than ninety (90) days nor more than two (2) years. ADD}

SECTION 3. This act shall take effect upon passage