To increase the penalties for eluding a police vehicle. The bill allows prosecutors to file an additional charge if the person is found to have threatened another person with physical harm or injury. If found guilty of endangering another person, a judge or jury must impose an additional 12 months to the sentence.   Official Text and Analysis.

To rename the act relating to attempting to elude a police vehicle to the Guillermo "Bobby" Aguilar and Edgar F. Trevino-Mendoza Public Safety Act of 2007. In reference to the crime of endangering a person while attempting to elude a police vehicle, the substitute bill changes all references relating to "another person" to "a person other than the defendant".

To increase the twelve month sentencing enhancement to 12 months and a day if a person is convicted of attempting to elude a police vehicle with a special allegation of endangerment.

To remove the language creating an enhancement for endangering another by eluding. The crime of attempting to elude a police vehicle in the first degree is created. First degree eluding occurs when, in addition to the elements required for second degree eluding, the offender causes physical contact or puts motorists, passengers, or pedestrians in reasonable fear of substantial bodily harm in the following circumstances, but not limited to: failing to adhere to a traffic control sign or device; traveling on the wrong side of the roadway; causing others to swerve or veer out of the way to avoid a collision; weaving through traffic; or driving too close to pedestrians. Eluding in the first degree is a class C felony. It is raised from a serious level I offense to a serious level II offense.

To create a new sentencing enhancement. The court must impose a sentence of 12 months of imprisonment, in addition to the standard sentencing range, for any offender convicted of attempting to elude a police vehicle if the conviction included a finding by special allegation of endangering one or more persons, other than the defendant or the pursuing law enforcement officer. The state must prove endangerment beyond a reasonable doubt and the jury (or judge in a bench trial) must reach a special verdict on endangerment. This act is known as the Guillermo "Bobby" Aguilar and Edgar F. Trevino-Mendoza Public Safety Act of 2007.

To concur in Senate amendments, for final passage of the bill.