FIRST REGULAR SESSION
HOUSE BILL NO. 359
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES LIPKE (Sponsor), PAGE,
DUSENBERG AND BROWN (30) (Co-sponsors).
Read 1st time January 26, 2005 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
To amend chapter 575, RSMo, by adding thereto one new section relating to failure to provide identity, with a penalty provision.
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 known as section 575.185, to read as follows:
575.185. 1. A person commits the crime of failure to provide identity when, having been lawfully stopped or detained by a law enforcement officer, and having been requested by the officer to provide his or her identification to the officer:
(1) That person knowingly refuses to state his or her name and address or to provide documentation of his or her name or address, such as, but not limited to, a driver's license, credit card, or Social Security card; or
(2) That person falsely reports his or her name or address to a law enforcement officer.
2. For the purposes of this section, a person has been "lawfully stopped or detained" by a law enforcement officer when the law enforcement officer has briefly stopped and detained the person upon reasonable suspicion to believe that the person has committed, is committing, or is about to commit a crime. "Reasonable suspicion" means specific and articulable facts which, taken together with rational inferences from those facts, would lead a reasonable person to conclude that the person has committed, is committing, or is about to commit a crime. The collective information in the possession of all officers connected to an investigation can be considered in determining whether reasonable suspicion existed for the stop or detention.
3. Failure to provide identity is a class C misdemeanor unless the person falsely reported his or her name or address, in which case it is a class A misdemeanor.