Bill Text: MO HB247 | 2011 | Regular Session | Introduced


Bill Title: Creates the crime of false identification to a law enforcement officer

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-02-16 - Public Hearing Completed (H) [HB247 Detail]

Download: Missouri-2011-HB247-Introduced.html

FIRST REGULAR SESSION

HOUSE BILL NO. 247

96TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES KELLEY (126) (Sponsor), REDMON, GATSCHENBERGER, LANT, DAVIS, WHITE, CONWAY (14), LONG, BAHR, BERRY, FRANKLIN, WYATT, SCHOELLER AND BRATTIN (Co-sponsors).

0531L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To amend chapter 575, RSMo, by adding thereto one new section relating to false identification to a law enforcement officer, 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 575.045, to read as follows:

            575.045. 1. A person commits the crime of false identification to a law enforcement officer if such person falsely represents or identifies himself or herself as another person or as a fictitious person to a law enforcement officer upon a lawful stop or a lawful detention, or an arrest of the person, either for the purpose of evading the process of the court, or for the purpose of evading the proper identification of the person by the law enforcement officer if:

            (1) The false information is given while the law enforcement officer is engaged in the performance of his or her duties as a law enforcement officer; and

            (2) The person providing the false information knows or should have known that the person receiving the information is a law enforcement officer.

            2. It is a defense to a prosecution under subsection 1 of this section that the actor retracted the false statement or report before the law enforcement officer or any other person took substantial action in reliance thereon.

            3. The defendant shall have the burden of injecting the issue of retraction under subsection 2 of this section.

            4. False identification to a law enforcement officer is a class B misdemeanor.

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