COLUMBUS, Ohio — Ohio drivers and passengers could face jail time if they don't identify themselves to police during traffic stops.
Gov. Mike DeWine has just signed a bill into law that increases penalties for not identifying yourself to law enforcement. The new regulations go into effect in early October.
When state Rep. Cindy Abrams (R-Harrison) worked on the Cincinnati police force, she said she had a difficult traffic stop.
"The passenger, who was smoking a joint at the time … We get him out of the car and he was giving us all kinds of different names," Abrams said.
Once she got him to the station, they got his fingerprints.
"Well, lo and behold, the jail called and said, 'Guess what? Congrats, you caught a murderer,'" she said. "He was wanted for murder out of Akron."
House Bill 492 was sponsored by Abrams and state Rep. Sharon Ray (R-Wadsworth). The bill mainly passed along party lines, but did have eight Democrats join the Republicans.
"House Bill 492 provides our law enforcement with an extra tool in the toolbox as they work to keep our community safe," Abrams said.
Right now, noncompliance can lead to an unclassified misdemeanor, which could mean community service. The new law would make it a fourth-degree misdemeanor, up to 30 days in jail and a fine of $250.
And if the officer has reasonable suspicion that a passenger has committed a traffic violation crime under Title 45, like not wearing a seat belt, they would also be required to share who they are, or else they get the same punishment.
"There's a lot of ambiguity in this particular piece of legislation," state Rep. Cecil Thomas (D-Cincinnati) said.
Thomas, a retired police officer, said it's not clear all the charges a passenger can be brought in for.
"I'm afraid we're gonna be opening our doors for municipalities to be getting lawsuits," Thomas said. "There's gonna be some constitutional issues."
He is also concerned about how this law may be used, with some critics arguing that it could strengthen racial profiling or immigration stops.
"That opens the door for a whole other discussion as it relates to arrest, search and seizure, the detaining of the individuals," he said.
This law isn’t meant to target people, Abrams argued, but just to allow law enforcement more options in catching possible suspects.
"House Bill 492 gives our police and prosecutors the ability to choose which offense applies for each case," she said.
This law goes into effect in the fall and makes it even more important to bring your ID with you wherever you go. The provision gives officers the authority to add an additional penalty if you don't have your license.
“I’m grateful to the governor for signing this bill into law. As a former Cincinnati police officer, I’m confident this law will increase the safety of our law enforcement during lawful traffic stops. It’s critical they know who they are interacting with,” Abrams said Thursday.
Although the identification requirement was the main part of the legislation, the bill also expands the offense of interfering with an arrest, increasing the penalty to a second-degree misdemeanor.
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