Michigan Bill Would Require Mandatory Jail Time for Fleeing Police

Michigan lawmakers are debating whether drivers who flee police officers should get mandatory time in jail.

Under the legislation, mandatory minimums for fleeing and eluding police officers would start at 182 days in jail but continue to escalate up to five years in prison if the crime results in someone’s death.

Bill sponsor state Rep. Rylee Linting, R- Wyandotte, said these mandatory minimums are needed to deter people from fleeing police. She said fleeing police puts officers, the public and the person fleeing in a deadly situation.

“This bill is about one thing, holding criminals accountable for endangering lives through reckless, high-speed attempts to evade law enforcement,” said bill sponsor state Rep. Rylee Linting, R- Wyandotte. “Unfortunately, Michigan has seen a dramatic uptick in fleeing and eluding cases, many of these resulting in irreversible tragedy, devastated families, injured officers and innocent lives lost. Our law enforcement officers on the ground will tell you this issue is only getting worse.”

Testimony on the mandatory minimum bills from Linting and state Rep. Mike Mueller, R- Linden, was heard Wednesday, Aug. 27, before the House Judiciary Committee.

Fleeing and eluding occurs when the driver of a motor vehicle or water vessel increases speed, turns off their lights or otherwise attempts to evade an officer signaling them to stop.

Wyandotte Police Chief Archie Hamilton testified that instances of people fleeing police and leading them on high speed chases has increased in recent years.

In the early 2000s, his city in Metro Detroit averaged under 10 pursuits a year, the chief said. Now, it’s about 50 a year.

Hamilton attributed the uptick to criminals and others knowing that some police agencies around the state either have no-chase policies or limit the circumstances when officers can pursue a vehicle.

Michigan State Police in March 2024 enacted a policy to engage only in pursuits when there is probable cause that a driver or occupant of a fleeing vehicle has committed a life-threatening or violent felony.

A number of other police agencies around the state have similar policies. These policies aim to balance the seriousness of the underlying crime with the potential risks to public safety that can arise from a pursuit.

Between 2017 and 2021 in Michigan, 60 people died in fatal crashes resulting from police pursuits.

Hamilton said mandatory minimums are needed because too often people who flee police don’t see jail time and therefore aren’t deterred.

“They know if they run, they can get away with any crime because it’s a metaphorical free pass to do what they want,” he said. “And that’s what we’re seeing, because we have a lot of restrictive policies out there throughout our state. Not much we can do about that, but they know the police are just going to turn off those overhead lights and they know if they do get caught or fleeing elude, there’s no consequence.”

Whether many or few people are currently being jailed for fleeing police was debated during the hearing. Linting and Mueller were asked to come back to the committee with more information about how often fleeing and eludings occur within the state, how many people were charged for the crime and what the judicial outcome was.

During the committee meeting, Hamilton showed several police dash camera videos from his department demonstrating these chases and their aftermaths.

In one of the instances, a man who attempted to flee police ran a red light, struck another vehicle and died.

In another video, a man who was caught after a vehicle chase told arresting officers that they weren’t allowed to pursue him.

Wyandotte doesn’t have a no-chase policy. Hamilton said the suspect had four prior arrests related to fleeing police.

“A lot of these agencies throughout our state have a no chase policy or a restrictive policy and that’s empowering these criminals to run from the police,” Hamilton said.

Simple fleeing and eluding is a two-year felony. It would carry a 182-day minimum sentence under the bills.

Fleeing and eluding that results in a crash, is in a 35 mph or lower speed zone or is done by a person with a prior simple fleeing and eluding conviction is a five-year felony. It would carry a one-year minimum sentence under the bills.

Fleeing and eluding that results in a serious injury or is done by a person with prior elevated fleeing and eluding convictions is a 10-year felony. It would carry a two-year minimum sentence under the bills.

Fleeing and eluding that results in death is a 15-year felony that would carry a five-year minimum sentence under the bills.

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