FLEEING FROM THE POLICE IS A CRIME UNDER NEW LAW

People who run from the police would face indictment and a possible
state prison sentence under a bill signed yesterday by Gov. Christie
Whitman.

The new law, which took effect immediately, makes it clear that
running away from the police is a form of "resisting arrest" and is
punishable by up to 18 months in state prison. The old law was silent
on whether simply running away could be a form of resisting arrest.

The new law also increases the penalties for someone who resists
arrests by using or threatening force or creating a danger to others.
The new maximum prison term is five years, up from 18 months.

The crime of obstructing justice, which previously could not be
committed simply by running away, was redefined to specifically
include "flight." According to a statement by the Senate Judiciary
Committee, the new provision would apply to someone who runs away to
avoid being questioned by the police, even if they were not coming to
arrest him.

The penalty would be 18 months in prison if running away obstructed
the investigation of a crime. In Other cases, such as obstructing the
investigation of a non-indictable minor offense, the maximum penalty
would be six months in jail.

The new law also could effectively overturn a unanimous 1994 ruling by
the New Jersey Supreme Court that police do not have a right to search
someone simply because he runs away as they approach. Under the new
law, if the suspect "purposely" ran to avoid being questioned or
frisked, the police would have a right both to arrest and search him.

The new law does not change the harsher penalties already provided for
people who flee the police in a motor vehicle or boat. Such people
already face up to 10 years in state prison if they endanger other
persons, otherwise the maximum imprisonment is five years.

Assemblyman Charles "Ken" Zisa (D-Bergen), who is also the Hackensack
police chief, sponsored the bill.