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Committee approves amended ID statute adding date of birth, creating misdemeanor for refusal under reasonable suspicion
Summary
The House Public Safety and Homeland Security Committee voted to report favorably on an amended bill that adds date of birth to the information officers may request and makes willful refusal to identify under reasonable suspicion a Class C misdemeanor; the committee adopted a substitute that removes language that raised Miranda concerns.
The House Public Safety and Homeland Security Committee voted to report House Bill 34 as substituted, moving an amended criminal-identification provision forward after a public hearing that drew both law-enforcement supporters and civil-rights concerns.
Representative Bolton explained the measure as an update to the state's identification statute that had not been substantially revised since 1966 and said the bill adds date of birth to the list of identifying data officers may request. The substitute also creates a criminal penalty for a willful failure to give identification when an officer has reasonable suspicion.
The bill attracted support from law-enforcement witnesses. Kevin Chance, identified in committee as chief of police for his municipality, told the committee the change would give officers a tool to confirm identity and reduce safety risks. "When an individual refuses to provide their name and address during an investigation, it creates an immediate safety risk," Chance said, adding that failure to identify can let people with warrants or violent histories move on without detection.
Sam Adams, representing a group listed in the hearing as Aliyah, also voiced support and said the changes would modernize an old statute.
Opponents urged safeguards. Jim Taylor, introduced as a former law-enforcement officer, said he supported updating the law but asked that officers be required to tell a person the officer's reasonable suspicion before arresting them for refusal to identify. "Before an officer makes an arrest for failure to provide that information, that they let the citizen know — 'this is my suspicion,'" Taylor said, arguing that would help individuals understand when criminal penalties could apply.
Committee members questioned how the change would interact with federal Miranda protections and with other proposals under committee consideration. The sponsor and the committee's counsel said the substitute removed language that could have required an explanation of a person's actions (language that raised Miranda issues) and left only the identification requirement tied to reasonable suspicion.
After the public hearing the committee adopted Representative Stringer's substitute and, on a voice vote, gave the bill a favorable report as substituted.
The bill as passed out of committee adds "date of birth" to the identification requirement and establishes a Class C misdemeanor for willful refusal to identify when an officer has reasonable suspicion; the substitute removes language that would have required a person to explain their actions, which the committee's staff said implicated Miranda concerns.
The bill will move to the next step in the House process.
