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.