As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 305


Senator Hughes 

Cosponsor: Senator Patton 



A BILL
To enact section 2923.241 of the Revised Code to 1
prohibit designing, building, constructing, 2
fabricating, modifying, or altering a vehicle to 3
create or add a hidden compartment, knowing or 4
having reasonable cause to believe the vehicle 5
will be used to facilitate a crime, and to 6
prohibit operating, possessing, or using a vehicle 7
with a hidden compartment, knowing or having 8
reasonable cause to believe that the vehicle has 9
been or will be used to facilitate a crime.10


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That section 2923.241 of the Revised Code be 11
enacted to read as follows:12

       Sec. 2923.241.  (A) As used in this section: 13

       (1) "Controlled substance" has the same meaning as in section 14
3719.01 of the Revised Code.15

       (2) "Hidden compartment" means a container, space, or 16
enclosure that conceals, hides, or otherwise prevents the 17
discovery of the contents of the container, space, or enclosure. 18
"Hidden compartment" includes, but is not limited to, any of the 19
following:20

       (a) False, altered, or modified fuel tanks;21

       (b) Any original factory equipment on a vehicle that has been 22
modified to conceal, hide, or prevent the discovery of the 23
modified equipment's contents;24

       (c) Any compartment, space, box, or other closed container 25
that is added or attached to existing compartments, spaces, boxes, 26
or closed containers integrated or attached to a vehicle.27

       (3) "Vehicle" has the same meaning as in section 4511.01 of 28
the Revised Code and includes, but is not limited to, a motor 29
vehicle, commercial tractor, trailer, noncommercial trailer, 30
semitrailer, mobile home, recreational vehicle, or motor home.31

       (4) "Motor vehicle," "commercial trailer," "trailer," 32
"noncommercial trailer," "semitrailer," "mobile home," 33
"recreational vehicle," and "motor home" have the same meanings as 34
in section 4501.01 of the Revised Code. 35

       (B) No person shall knowingly design, build, construct, or 36
fabricate a vehicle with a hidden compartment, or modify or alter 37
any portion of a vehicle in order to create or add a hidden 38
compartment with knowledge or reasonable cause to believe that the 39
vehicle will be used to facilitate a crime.40

       (C) No person shall knowingly operate, possess, or use a 41
vehicle with a hidden compartment with knowledge or reasonable 42
cause to believe that the vehicle has been or will be used to 43
facilitate a crime.44

       (D) Whoever violates division (B) of this section is guilty 45
of designing a vehicle with a hidden compartment. Except as 46
otherwise provided in this division, designing a vehicle with a 47
hidden compartment is a felony of the fourth degree. If the 48
offender previously has been convicted of or pleaded guilty to a 49
violation of division (B) of this section, designing a vehicle 50
with a hidden compartment is a felony of the third degree.51

       (E) Whoever violates division (C) of this section is guilty 52
of operating a vehicle with a hidden compartment. Except as 53
otherwise provided in this division, operating a vehicle with a 54
hidden compartment is a felony of the fourth degree. Except as 55
otherwise provided in this division, if the offender previously 56
has been convicted of or pleaded guilty to a violation of division 57
(C) of this section, operating a vehicle with a hidden compartment 58
is a felony of the third degree. If the hidden compartment 59
contains a controlled substance at the time of the offense, 60
operating a vehicle with a hidden compartment is a felony of the 61
second degree.62

       (F) This section does not apply to any law enforcement 63
officer acting in the performance of the law enforcement officer's 64
duties. 65