130th Ohio General Assembly
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S. B. No. 305  As Introduced
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 prohibit designing, building, constructing, fabricating, modifying, or altering a vehicle to create or add a hidden compartment, knowing or having reasonable cause to believe the vehicle will be used to facilitate a crime, and to prohibit operating, possessing, or using a vehicle with a hidden compartment, knowing or having reasonable cause to believe that the vehicle has been or will be used to facilitate a crime.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That section 2923.241 of the Revised Code be enacted to read as follows:
Sec. 2923.241.  (A) As used in this section:
(1) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(2) "Hidden compartment" means a container, space, or enclosure that conceals, hides, or otherwise prevents the discovery of the contents of the container, space, or enclosure. "Hidden compartment" includes, but is not limited to, any of the following:
(a) False, altered, or modified fuel tanks;
(b) Any original factory equipment on a vehicle that has been modified to conceal, hide, or prevent the discovery of the modified equipment's contents;
(c) Any compartment, space, box, or other closed container that is added or attached to existing compartments, spaces, boxes, or closed containers integrated or attached to a vehicle.
(3) "Vehicle" has the same meaning as in section 4511.01 of the Revised Code and includes, but is not limited to, a motor vehicle, commercial tractor, trailer, noncommercial trailer, semitrailer, mobile home, recreational vehicle, or motor home.
(4) "Motor vehicle," "commercial trailer," "trailer," "noncommercial trailer," "semitrailer," "mobile home," "recreational vehicle," and "motor home" have the same meanings as in section 4501.01 of the Revised Code.
(B) No person shall knowingly design, build, construct, or fabricate a vehicle with a hidden compartment, or modify or alter any portion of a vehicle in order to create or add a hidden compartment with knowledge or reasonable cause to believe that the vehicle will be used to facilitate a crime.
(C) No person shall knowingly operate, possess, or use a vehicle with a hidden compartment with knowledge or reasonable cause to believe that the vehicle has been or will be used to facilitate a crime.
(D) Whoever violates division (B) of this section is guilty of designing a vehicle with a hidden compartment. Except as otherwise provided in this division, designing a vehicle with a hidden compartment is a felony of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (B) of this section, designing a vehicle with a hidden compartment is a felony of the third degree.
(E) Whoever violates division (C) of this section is guilty of operating a vehicle with a hidden compartment. Except as otherwise provided in this division, operating a vehicle with a hidden compartment is a felony of the fourth degree. Except as otherwise provided in this division, if the offender previously has been convicted of or pleaded guilty to a violation of division (C) of this section, operating a vehicle with a hidden compartment is a felony of the third degree. If the hidden compartment contains a controlled substance at the time of the offense, operating a vehicle with a hidden compartment is a felony of the second degree.
(F) This section does not apply to any law enforcement officer acting in the performance of the law enforcement officer's duties.
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