Bill Text: OR HB3594 | 2011 | Regular Session | Introduced

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Bill Title: Relating to refusal to identify to a peace officer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3594 Detail]

Download: Oregon-2011-HB3594-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3956

                         House Bill 3594

Sponsored by Representative BARKER

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates offense of refusal to identify. Punishes by maximum
fine of $720.

                        A BILL FOR AN ACT
Relating to refusal to identify to a peace officer.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A person commits the offense of refusal to
identify if:
  (a) Having been present at the scene of a felony within six
hours of the incident and, after having been specifically
informed by a peace officer that the person's identity and
residence address are being requested in connection with the
investigation of a felony, the person refuses or fails to
accurately report the person's identity or residence address in
response to the peace officer's demand.
  (b) After having been specifically informed by a peace officer
that the peace officer requires the person's identity and
residence address to issue a citation under paragraph (a) of this
subsection, the person refuses or fails to accurately report the
person's identity or residence address to the peace officer.
  (2) A person who is cited for refusal to identify may be
detained only for the time that is reasonably necessary to
investigate and establish the person's identity or residence
address. The detention may include transportation to a police
station for photographing and fingerprinting.
  (3) Refusal to identify is a Class A violation.
  (4) As used in this section:
  (a) 'Identity' means the person's true name and date of birth.
  (b) 'Peace officer' has the meaning given that term in ORS
161.015.
  (c) 'True name' has the meaning given that term in ORS
135.060. + }
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