The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. S. B. No. 305 As Reported by the House Transportation, Public Safety and Homeland Security CommitteeAs Reported by the House Transportation, Public Safety and Homeland Security Committee
129th General Assembly | Regular Session | 2011-2012 |
| |
Cosponsors:
Senators Patton, Turner, Bacon, Eklund, Jones
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 with the intent
to facilitate the unlawful concealment or
transportation of a controlled substance, prohibit
operating, possessing, or using a vehicle with a
hidden compartment with knowledge that the hidden
compartment is used or intended to be used to
facilitate the unlawful concealment or
transportation of a controlled substance, and
prohibit a person who has committed a first or
second degree felony violation of aggravated
trafficking in drugs from operating, possessing,
or using a vehicle with a hidden compartment.
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,"
"manufacturer," "recreational vehicle," and "motor home" have the
same meanings as in section 4501.01 of the Revised Code.
(5) "Motor vehicle dealer" has the same meaning as in section
4517.01 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 the intent to facilitate the unlawful
concealment or transportation of a controlled substance.
(C) No person shall knowingly operate, possess, or use a
vehicle with a hidden compartment with knowledge that the hidden
compartment is used or intended to be used to facilitate the
unlawful concealment or transportation of a controlled substance.
(D) No person who has been convicted of or pleaded guilty to
a violation of aggravated trafficking in drugs under section
2925.03 of the Revised Code that is a felony of the first or
second degree shall operate, possess, or use a vehicle with a
hidden compartment.
(E) Whoever violates division (B) of this section is guilty
of designing a vehicle with a hidden compartment used to transport
a controlled substance. Except as otherwise provided in this
division, designing a vehicle with a hidden compartment used to
transport a controlled substance 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 used to transport a controlled
substance is a felony of the third degree.
(F) Whoever violates division (C) or (D) of this section is
guilty of operating a vehicle with a hidden compartment used to
transport a controlled substance. Except as otherwise provided in
this division, operating a vehicle with a hidden compartment used
to transport a controlled substance 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) or (D) of this section, operating a
vehicle with a hidden compartment used to transport a controlled
substance 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 used to
transport a controlled substance is a felony of the second degree.
(G) This section does not apply to any law enforcement
officer acting in the performance of the law enforcement officer's
duties.
(H)(1) This section does not apply to any licensed motor
vehicle dealer or motor vehicle manufacturer that in the ordinary
course of business repairs, purchases, receives in trade, leases,
or sells a motor vehicle.
(2) This section does not impose a duty on a licensed motor
vehicle dealer to know, discover, report, repair, or disclose the
existence of a hidden compartment to any person.
(I) This section does not apply to a box, safe, container, or
other item added to a vehicle which is commercially manufactured
and advertised for the purpose of securing valuables, electronics,
or firearms provided that at the time of discovery the box, safe,
container, or other item added to the vehicle does not contain a
controlled substance or residue of a controlled substance.
|