Some lawmakers fear police abuse of crime legislation

JEFFERSON CITY, Mo. -- An omnibus crime bill cleared the House of Representatives on Thursday despite the fierce opposition of black lawmakers concerned that certain provisions would be used by police to harass the innocent.

The wide-ranging legislation would create several new crimes and toughen penalties for numerous others. While members of the House black caucus and other opponents found the bulk of the bill worthy, two provisions drew their ire.

One would make it a misdemeanor for someone lawfully detained by police to refuse to provide identification or give his name. The other would allow police to hold suspects arrested without a warrant for up to 32 hours without being charged. At present, police can detain people for 24 hours if suspected of the most serious felonies and 20 hours for lesser offenses.

"We have many people who feel they've been targeted for the color of their skin," said state Rep. Yaphett El-Amin, D-St. Louis. "This opens the door for more of that."

Several lawmakers said the bill would enable police during traffic stops to charge passengers who refuse to show identification, even though they have committed no violation related to the stop. State Rep. Scott Lipke, the bill's sponsor, said that isn't the case.

"He has to have reasonable suspicion of a crime," said Lipke, R-Jackson. "If he can't show that, you have nothing to worry about."

After more than two hours of debate, the bill was sent to the Senate on a 128-28 vote. Of the opponents, 14 are blacks and most of the rest represent urban areas. Only one Republican voted against the bill, although another just voted present.

State Rep. Rodney Hubbard, D-St. Louis, told of being wrongfully beaten by police at age 10 and of several instances in adulthood where he alleges he was targeted for "driving while black." One incident took place just two weeks ago in which a Jefferson City police captain accused him of driving drunk and forced him to perform field sobriety tests, he said. Hubbard was not arrested.

"Everybody in this body knows I don't drink alcohol," said Hubbard, who felt harassed by the encounter.

Several black representatives recounted similar experiences, including one who said an officer once pulled a shotgun on her without cause. They said Lipke and other white lawmakers who don't have to contend with racial discrimination need to be more sensitive to the problems minorities encounter when dealing with police.

One white lawmaker, however, did have a personal driving-while-black story to tell. State Rep. Curt Dougherty, D-Independence, said he was riding in a black friend's "pimped out" car when stopped by police. The officer ordered everyone out of the vehicle and demanded they produce identification. When Dougherty flashed his state lawmaker's ID, the officer promptly departed without ever explaining why he pulled them over.

"If we don't keep our law enforcement officers, who may have good intentions, in check, they will erode our rights and freedoms until there are none left," Dougherty said.

Some other provisions of the bill would:

* Create a felony crime for teachers who have sexual contact with a student in grades K-12 on school property.

* Expand the scope of child endangerment laws in situations involving the production and sale of illegal drugs or drunken driving.

* Criminalize videotaping in a movie theater.

* Make distributing illegal drugs within 2,000 feet of a park or child-care facility a felony crime.

* Allow local governments to adopt ordinances requiring job applicants for certain occupations to be fingerprinted for the purpose of criminal background checks.

* Give juvenile courts jurisdiction over children under age 17 accused of possessing tobacco products.

* Tighten probation and parole rules.

The bill is HB 353.

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