Mandatory self-identification; failure to identify oneself to law-enforcement officer. (HB1574)
Introduced By
Del. Scott Garrett (R-Lynchburg)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Mandatory self-identification. Provides that any person, when he is lawfully detained by a law-enforcement officer under circumstances that reasonably indicate that the person has committed, is committing, or is about to commit a crime, and is requested by the officer to identify himself, shall do so. Any such person who refuses to identify himself is guilty of a Class 1 misdemeanor. Read the Bill »
Outcome
Bill Has Failed
History
Date | Action |
---|---|
01/05/2011 | Committee |
01/05/2011 | Prefiled and ordered printed; offered 01/12/11 11100834D |
01/05/2011 | Referred to Committee for Courts of Justice |
01/19/2011 | Assigned Courts sub: #3 Immigration |
01/19/2011 | Assigned Courts sub: #1 Criminal |
01/24/2011 | Impact statement from DPB (HB1574) |
02/02/2011 | Subcommittee recommends laying on the table |
02/08/2011 | Left in Courts of Justice |
Comments
The Supreme Court has said that state legislatures can require a person to give his or her name to a law enforcement officer, but may not require someone to produce identification or give anything other than a name. It is already illegal in Virginia to give an officer a false name. The Supreme Court has indicated that there might be fifth amendment right not to disclose one's name to an officer if the name alone would reveal information about a possible crime, including any criminal violations of federal immigration law. VACOLAO opposes this bill.
I agree with the Supreme Court that just giving your real name could be a 5th Amendment issue, especially since doing so could reveal illegal/undocumented immigrant status. Current law suffices, since it is illegal to give a false name. DO NOT PASS THIS BILL!!!