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HB 4680

Crimes: other; request for identification from an individual wearing a mask or face covering device; allow. Amends sec. 396 of 1931 PA 328 (MCL 750.396).

2025-2026 Regular Session Introduced by Jay DeBoyer and 5 co-sponsors

Allows Michigan police to request ID from masked individuals, raising Fourth Amendment and religious liberty questions without clarifying what existing legal gap it addresses.

bill electronically reproduced 06/25/2025
#crimes:other #lawenforcement:peaceofficers
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Bill Summary · HB 4680

Legislative bill overview

HB 4680 would amend Michigan's criminal code to allow law enforcement to request identification from individuals wearing masks or face coverings. The bill modifies MCL 750.396, which currently addresses masking laws, to clarify when police can demand ID from masked individuals.

Why is this important

This bill addresses a practical law enforcement concern—the difficulty of identifying suspects or verifying identities when faces are obscured. However, it raises significant questions about balancing public safety investigations with privacy rights and the scope of police authority to demand identification.

Potential points of contention

  • Fourth Amendment concerns: Whether requiring ID from masked individuals constitutes an unreasonable search or seizure, or if it creates a new basis for stops without clear criminal suspicion
  • Scope creep: Whether "wearing a mask or face covering device" could be broadly interpreted to include religious head coverings, medical masks, or Halloween costumes, affecting protected speech or religious expression
  • Discriminatory application: Risk that ambiguous language could enable pretextual stops disproportionately affecting certain communities or protest participants
  • Existing law clarity: Unclear what specific gap in current law this addresses, since police can already request ID during lawful stops and arrest individuals who refuse for obstruction purposes

Compiled from official sources — confirm details with the bill’s official record.

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