Mandatory self-identification; failure to identify oneself to law-enforcement officer. (HB1574)

Introduced By

Del. Scott Garrett (R-Lynchburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 »


Bill Has Failed


01/05/2011Prefiled and ordered printed; offered 01/12/11 11100834D
01/05/2011Referred to Committee for Courts of Justice
01/19/2011Assigned Courts sub: #3 Immigration
01/19/2011Assigned Courts sub: #1 Criminal
01/24/2011Impact statement from DPB (HB1574)
02/02/2011Subcommittee recommends laying on the table
02/08/2011Left in Courts of Justice


VACOLAO, tracking this bill in Photosynthesis, notes:

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.

John Swallow writes:

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!!!