HLS 24RS-793 REENGROSSED
2024 Regular Session
HOUSE BILL NO. 639
BY REPRESENTATIVE FONTENOT
CRIME: Provides relative to the refusal of an operator of a motor vehicle to provide
identification to an officer
1 AN ACT
2To enact R.S. 14:108(B)(1)(f), relative to the crime of resisting an officer; to provide relative
3 to the definition of "obstruction of" an officer; and to provide for related matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 14:108(B)(1)(f) is hereby enacted to read as follows:
6 ยง108. Resisting an officer
7 * * *
8 B.(1) The phrase "obstruction of" as used herein shall, in addition to its
9 common meaning, signification, and connotation mean the following:
10 * * *
11 (f) Failure to provide or display the person's state issued driver's license or
12 identification on the officer's request when the person is an operator of a motor
13 vehicle, the person has been lawfully detained for an alleged violation of a law, and
14 the officer has exhausted all resources at his disposal to verify the identity of the
15 person.
16 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-793 REENGROSSED
HB NO. 639
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 639 Reengrossed 2024 Regular Session Fontenot
Abstract: Provides relative to the refusal of an operator of a motor vehicle to provide
identification to an officer.
Present law provides relative to the crime of resisting an officer.
Present law defines "resisting an officer" as the intentional interference with, opposition or
resistance to, or obstruction of an individual acting in his official capacity and authorized by
law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful
process or court order when the offender knows or has reason to know that the person
arresting, detaining, seizing property, or serving process is acting in his official capacity.
Proposed law retains present law.
Present law defines "obstruction of" as used in present law, in addition to its common
meaning, signification, and connotation, as the following:
(1)Flight by one sought to be arrested before the arresting officer can restrain him and
after notice is given that he is under arrest.
(2)Any violence toward or any resistance or opposition to the arresting officer after the
arrested party is actually placed under arrest and before he is incarcerated in jail.
(3)Refusal by the arrested or detained party to give his name and make his identity
known to the arresting or detaining officer or providing false information regarding
the identity of such party to the officer.
(4)Congregation with others on a public street and refusal to move on when ordered by
the officer.
(5)Knowing interference with a police cordon resulting from the intentional crossing
or traversing of a police cordon by an unauthorized person or an unmanned aircraft
system. The cordoned area includes the airspace above the cordoned area.
Proposed law retains present law, and adds that "obstruction of" also means the failure to
provide or display the person's state issued driver's license or identification upon the officer's
request when the person is an operator of a motor vehicle, the person has been lawfully
detained for an alleged violation of a law, and the officer has exhausted all resources at his
disposal to verify the identity of the person.
(Adds R.S. 14:108(B)(1)(f))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Within the term, "obstruction of", add that the officer has to exhaust all resources
at his disposal to verify the identity of the person before arresting a person for
resisting an officer.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.