HOUSE BILL NO. 435 Offered January 9, 2008 Prefiled January 4, 2008 A BILL to amend and reenact § 18.2-460 of the Code of Virginia, relating to failure to identify oneself to a law-enforcement officer; penalty. ---------- Patron-- Frederick ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-460 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-460. Obstructing justice; penalty.

A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness or any law-enforcement officer in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or law-enforcement officer, he shall be guilty of a Class 1 misdemeanor.

B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or any law-enforcement officer, lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.

C. If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or any law-enforcement officer, lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate § 18.2-248 or subdivision (a) (3), (b) or (c) of § 18.2-248.1, or § 18.2-46.2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 felony.

D. Any person (i) who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer who is in the course of conducting an investigation of a crime by another or (ii) who while in a public place or a place open to the public refuses to identify himself at the request of a law-enforcement officer in uniform or a properly identified police officer, when the surrounding circumstances reasonably require that public safety requires such identification, is guilty of a Class 1 misdemeanor.