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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 |
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 |