CIVIL RIGHTS INTIMIDATION Present law provides that a person commits a Class D felony offense of intimidating others from exercising civil rights who does any of the following:  Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of this state.  Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of this state.  Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of this state.  Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of this state. This bill adds to the above offense of intimidating others by providing that a person also commits the offense of intimidating others from exercising civil rights who litters or trespasses upon any real or personal property of another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of this state, or litters or trespasses upon any real or personal property of another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of this state. This bill classifies these violations as Class A misdemeanors. Under this bill, "litters" means places, drops, or throws garbage, refuse, rubbish, unsolicited flyers, or other waste material on any public or private property without permission. OBSTRUCTION OF JUSTICE This bill authorizes a law enforcement officer to ask a person to identify themselves if the officer has reasonable suspicion to believe that the person has violated or is violating a state law or local ordinance. Due to the law enforcement officer's reasonable suspicion, the officer is further authorized to ask the suspect to provide the suspect's name verbally or to otherwise provide the suspect's name by other means. Under this bill, a person commits an offense who (i) refuses to give the person's name to a law enforcement officer who has lawfully detained or arrested the person and requested the information, or (ii) gives a false or fictitious name to a law enforcement officer who has lawfully detained or arrested the person. This bill classifies these violations as Class D misdemeanors. However, this bill does not prohibit a person's failure or inability to produce a physical form of identification or driver license to a police or peace officer requesting identification pursuant to the above provisions, if the person attempts to otherwise comply with the officer's request to provide the person's identity verbally or in any other manner. This bill creates a Class B misdemeanor for a person to intentionally approach, within 25 feet, a law enforcement officer who is lawfully engaged in the execution of the officer's official duties after the officer has ordered the person to stop approaching or to retreat. However, under this bill, it is an affirmative defense to this offense that the lawful order by the law enforcement officer was not received or understood by the person and was not capable of being received or understood under the conditions and circumstances that existed at the time of the issuance of the order. OPERATION OF VEHICLES This bill creates a Class B misdemeanor for a person transporting another in the cargo area of a box truck on the streets of any municipality, roads of any county, or the highways of this state. Under this bill, a "box truck" means a moving van or other vehicle that is manufactured with an enclosed cargo area that is connected to the passenger area with a one-piece design or attached to the chassis with two-piece construction, and the cargo area (i) is designed primarily for the transportation of property, and (ii) does not have seats or safety belts designed to accommodate a passenger. HIGHWAY OBSTRUCTION This bill creates a Class B misdemeanor for placing a sign, signal, or marking over a highway or to affix or attach a sign, signal, or marking to a bridge, overpass, or tunnel without written authorization from the entity that maintains the highway, bridge, overpass, or tunnel. PEACE OFFICERS Present law authorizes a peace officer to arrest and take a person into custody if a reasonable likelihood exists that the arrested person will fail to appear in court or the prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized. This bill adds to this provision by authorizing the officer to arrest and take a person into custody if the officer has probable cause to believe the person committed an offense, regardless of whether the offense was committed in the officer's presence. CITATIONS Present law requires an officer to note the reason for not issuing a citation on an arrest ticket whenever the officer makes a physical arrest for a misdemeanor and the officer determines that a citation cannot be issued due to any of the following reasons:  The person arrested requires medical examination or medical care, or if the person is unable to care for the person's own safety.  There is a reasonable likelihood that the offense would continue or resume, or that persons or property would be endangered by the arrested person.  The person arrested cannot or will not offer satisfactory evidence of identification, including the providing of a field-administered fingerprint or thumbprint which a peace officer may require to be affixed to any citation.  The person demands to be taken immediately before a magistrate or refuses to sign the citation.  The person arrested is so intoxicated that the person could be a danger to the person's own self or to others.  There are one or more outstanding arrest warrants for the person.  The person is subject to arrest due to laws detaining driver involved in accidents involving serious bodily injury or death if the driver does not have a valid driver license and evidence of financial responsibility. Present law provides that an officer who, on the basis of facts reasonably known or reasonably believed to exist, determines that a citation cannot be issued because of any of the reasons enumerated above is not subject to civil or criminal liability for false arrest, false imprisonment or unlawful detention. This bill expands this provision by also providing such immunity to an officer who, on the basis of facts reasonably known or reasonably believed to exist, determines that a citation should not be issued.

Statutes affected:
Introduced: 39-17-309(b), 39-17-309, 39-17-309(d), 40-7-118(c), 40-7-118, 40-7-118(k)