Missouri HB 176: Establishes the offense of failure to identify

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 176
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE ELLEBRACHT.
0167H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 575, RSMo, by adding thereto one new section relating to the offense of
failure to identify, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 575, RSMo, is amended by adding thereto one new section, to be
2 known as section 575.185, to read as follows:
575.185. 1. A person commits the offense of failure to identify if the person
2 intentionally refuses to give his or her name, address of residence, or date of birth to a
3 peace officer who has lawfully arrested the person and requested the information. An
4 offense under this subsection is a class D misdemeanor. However, if the person is a fugitive
5 from justice at the time of the offense, the offense under this subsection is a class B
6 misdemeanor.
7 2. A person commits the offense of failure to identify if the person intentionally
8 gives a false or fictitious name, address of residence, or date of birth to a peace officer who
9 has:
10 (1) Lawfully arrested the person; or
11 (2) Lawfully detained the person.
12
13 An offense under this subsection is a class B misdemeanor. However, if the person is a
14 fugitive from justice at the time of the offense, the offense under this subsection is a class
15 A misdemeanor.
16 3. If conduct that constitutes an offense under this section also constitutes an
17 offense under section 311.325, the offender shall be prosecuted only under section 311.325.
T
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.