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S. B. No. 305 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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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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