Ohio bill would allow police to arrest drivers for refusing to provide identification ...Middle East

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COLUMBUS, Ohio (WCMH) – A recently introduced Ohio bill would empower law enforcement officials to arrest drivers who refuse to provide identifying information during a traffic stop. 

Under House Bill 492, declining to provide a name, address or date of birth to police officers during a traffic stop would be classified as a fourth-degree misdemeanor, which is punishable by up to 30 days in jail. 

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State law already requires drivers to provide identification during a traffic stop at the request of law enforcement. However, refusing to do so is currently an unclassified misdemeanor, which is generally a nonarrestable offense that can only be punished with a fine or community service.

The bill was introduced by Reps. Sharon Ray (R-Wadsworth) and Cindy Abrams (R-Harrison) on Oct. 1. Abrams said the idea for the legislation was brought to Ohio representatives by law enforcement officials.  

“Our law enforcement face risk each day they put their uniform on and start their shift,” Abrams said at the bill’s first hearing on Oct. 14. “House Bill 492 provides our law enforcement with an extra tool in the toolbox as they work to keep our communities safe.”

Ray stated being charged with a fourth-degree misdemeanor gives jails the authority to fingerprint and identify an individual before they are let go. She said in some cases, those who refuse to provide officers with identifying information during traffic stops have warrants out for their arrests for dangerous crimes.

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“With the consequence for not identifying yourself to an officer being a minor misdemeanor, there is no real action that an officer can take,” Ray said at the introductory hearing. “Right now, our laws don’t fully reflect the reality of these encounters or give the officers a chance to identify a potentially dangerous individual, but with House Bill 492 they will.”

A hearing for proponent testimony was held on Oct. 28, with the Ohio Association of Chiefs of Police, Ohio Prosecuting Attorneys Association, Fraternal Order of Police of Ohio, and Buckeye State Sheriff’s Association showing their support for the proposal. 

Michael Weinman, director of government affairs with the FOP, said a growing number of drivers are turning to “social media lawyers,” who tell their followers they do not have to identify themselves to law enforcement. 

“These people, along with sovereign citizens, will turn on their cameras and escalate a rather mundane event by arguing with officers and challenging them until force is the only option left,” Weinman said. “Traffic stops are dangerous and, at times, lead to injury or death to law enforcement. This danger is exacerbated by these people who want to squabble with the officer and refuse to identify themselves.”

Another hearing was held on Tuesday for opponent testimony. Zachary Miller, legislative officer with the Office of the Ohio Public Defender, was the only person to speak out against the measure. 

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“The escalation of these penalties for minor, non-violent conduct at traffic stops is coercive and disproportionate to the conduct,” Miller said. 

HB 492 awaits additional hearings before the House and Senate could potentially vote on the proposal. If passed by the Statehouse, the bill would then head to Gov. Mike DeWine for final approval. 

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