July 9, 2002

Mr. James W. Kirby, Executive Director
District Attorneys General Conference
226 Capital Blvd., Suite 800
Nashville, TN 37243-0890

RE: Proposal to Amend TCA 39-16-603(b)(1) and (b)(2) to Include Parking Lots and To Eliminate Defense of Unlawful Arrest

Dear Wally,

We recently had a case "State vs. Gregory Dunnorm, Court of Criminal Appeals" where the appellate court reversed a jury verdict for Class D felony evading arrest in a vehicle by endangering innocent bystanders. The defendant upon being signaled to stop by an officer (he had just committed an assault in a parking lot) gunned his engine and backed it into the patrol car and according to testimony several citizens standing nearby had to jump out of he way to avoid being hit. The appellate court properly held that since this occurred in a parking lot and not a public road, the verdict must be reversed.

We would propose two changes in the statute TCA 39-16-603:
1). Change section (b)(1) to add "or while on the premises of any shopping center, trailer park or any apartment house complex or any other premises which is generally frequented by the public at large". This is the language used in the DUI statute. This makes sense; the public is actually in more danger from a fleeing felon in a parking lot than on a public road (more pedestrians, more crowded, etc.). We have banks, liquor stores, and etc. subject to robberies located in malls surrounded by acres of parking lots.

2). Repeal TCA 39-16-603(b)(2) which makes it a defense that the attempted arrest was unlawful. We eliminated this defense from the resisting arrest statute in order to keep officers and the arrestees from being hurt. We should eliminate the defense here to protect innocent bystanders.

Very truly yours,

James N. Ramsey
District Attorney General

JNR/tg

cc:    Gus Radford, President, DA's Conference