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TO: Mayor Richard C. Irvin and City Counsel
FROM: Nydia Molina, Assistant Corporation Counsel-Law Department
DATE: January 23, 2024
SUBJECT:
An Ordinance Amending Chapter 29, Article II, Creating "Section 32, Fleeing and Eluding."
PURPOSE:
The purpose of this ordinance is to amend the city code to allow the police department to charge the registered owner of a vehicle with fleeing and eluding a peace officer.
BACKGROUND:
In recent years, the number of fleeing and eluding incidents has greatly increased within the City. Over the past four years the numbers have steadily increased from 76 incidents in 2019 to 118 and 126 incidents in 2022 and 2023. As a result, there has also been an increase in the amount of police time and resources responding to and investigating these incidents. These cases require significant police resources, including, but not limited to, multiple hours spent reviewing video, preparing police reports, conducting interviews, and conducting internal administrative reviews; often without any arrests due to not being able to positively identify the driver.
DISCUSSION:
It is often too dangerous for the police to pursue a driver who is fleeing or eluding the police. For safety reasons police officers often must terminate the chase or apprehension and are therefore unable to physically identify the driver. Absent a positive identification of a driver of a motor vehicle, the registered owner of a motor vehicle is in the best position to know who is operating the registered owner’s motor vehicle and to prevent the motor vehicle from being used to flee or elude a peace officer.
IMPACT STATEMENT:
This goal of this ordinance is to deter and decrease the number of fleeing and eluding incidents, preserve police time and resources, and increase public safety.
RECOMMENDATIONS:
Staff recommends the approval of this Ordinance.
cc: Rules Administration and Procedure.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 29, Article II, Creating "Section 32, Fleeing and Eluding."
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, fleeing or attempting to elude a peace officer occurs when a “driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, willfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer” 625 ILCS 5/11-204(a); and
WHEREAS, in recent years the police department has seen a sharp increase in motor vehicle fleeing and eluding incidents. There were 126 incidents in 2023, up from 99 in 2021, 96 in 2020 and 76 in 2019; and
WHEREAS, the criminal investigation and prosecution of motor vehicle fleeing and eluding cases requires significant police resources, including, but not limited to, multiple hours spent reviewing video, preparing police reports, conducting interviews, and conducting internal administrative reviews; often without any arrests due to not being able to positively identify the driver of a fleeing vehicle; and
WHEREAS, absent a positive identification of a driver of a motor vehicle, the registered owner of a motor vehicle is in the best position to know who is operating the registered owner’s motor vehicle and to prevent the motor vehicle from being used to flee or attempt to elude a peace officer; and
WHEREAS, for the benefit of the health, safety and welfare of the City’s citizens, when drivers or operators of a motor vehicle commit criminal violations for fleeing or attempting to elude a peace officer are not able to be apprehended, it is necessary and desirable to charge the registered owner of the vehicle used to flee and elude the police; and
WHEREAS, in an effort to protect the public health, safety, and welfare, the City of has a clear and compelling interest in exercising its home rule authority as set forth herein; and
WHEREASE, the City Council deems it to be in the best interest of the health, safety, and public welfare to amend Article II of Chapter 29, regarding Offenses to the Public, by adding section 32, Fleeing and Eluding.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Chapter 29, Article II, of the Code of Ordinances shall be and hereby is amended to add section 32 “Fleeing and Eluding,” as reflected in Exhibit A, and further;
BE IT ORDAINED, that the Corporation Counsel and City Clerk shall be and hereby are authorized and directed to correct any scrivener's or other non-substantive errors in Exhibit A upon codification.