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Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-09-28 - Effective Date
[SB305 Detail]Download: Ohio-2011-SB305-Engrossed.html
As Passed by the House
| 129th General Assembly | | Regular Session | | 2011-2012 |
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Cosponsors:
Senators Patton, Turner, Bacon, Eklund, Jones
Representatives Ashford, Fedor, Letson, O'Brien Speaker Batchelder
A BILL
| To enact section 2923.241 of the Revised Code to | 1 |
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prohibit designing, building, constructing, | 2 |
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fabricating, modifying, or altering a vehicle to | 3 |
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create or add a hidden compartment with the intent | 4 |
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to facilitate the unlawful concealment or | 5 |
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transportation of a controlled substance, prohibit | 6 |
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operating, possessing, or using a vehicle with a | 7 |
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hidden compartment with knowledge that the hidden | 8 |
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compartment is used or intended to be used to | 9 |
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facilitate the unlawful concealment or | 10 |
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transportation of a controlled substance, and | 11 |
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prohibit a person who has committed a first or | 12 |
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second degree felony violation of aggravated | 13 |
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trafficking in drugs from operating, possessing, | 14 |
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or using a vehicle with a hidden compartment. | 15 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 2923.241 of the Revised Code be | 16 |
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enacted to read as follows: | 17 |
| Sec. 2923.241. (A) As used in this section: | 18 |
| (1) "Controlled substance" has the same meaning as in section | 19 |
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3719.01 of the Revised Code. | 20 |
| (2) "Hidden compartment" means a container, space, or | 21 |
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enclosure that conceals, hides, or otherwise prevents the | 22 |
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discovery of the contents of the container, space, or enclosure. | 23 |
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"Hidden compartment" includes, but is not limited to, any of the | 24 |
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following: | 25 |
| (a) False, altered, or modified fuel tanks; | 26 |
| (b) Any original factory equipment on a vehicle that has been | 27 |
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modified to conceal, hide, or prevent the discovery of the | 28 |
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modified equipment's contents; | 29 |
| (c) Any compartment, space, box, or other closed container | 30 |
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that is added or attached to existing compartments, spaces, boxes, | 31 |
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or closed containers integrated or attached to a vehicle. | 32 |
| (3) "Vehicle" has the same meaning as in section 4511.01 of | 33 |
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the Revised Code and includes, but is not limited to, a motor | 34 |
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vehicle, commercial tractor, trailer, noncommercial trailer, | 35 |
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semitrailer, mobile home, recreational vehicle, or motor home. | 36 |
| (4) "Motor vehicle," "commercial trailer," "trailer," | 37 |
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"noncommercial trailer," "semitrailer," "mobile home," | 38 |
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"manufacturer," "recreational vehicle," and "motor home" have the | 39 |
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same meanings as in section 4501.01 of the Revised Code. | 40 |
| (5) "Motor vehicle dealer" has the same meaning as in section | 41 |
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4517.01 of the Revised Code. | 42 |
| (B) No person shall knowingly design, build, construct, or | 43 |
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fabricate a vehicle with a hidden compartment, or modify or alter | 44 |
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any portion of a vehicle in order to create or add a hidden | 45 |
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compartment, with the intent to facilitate the unlawful | 46 |
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concealment or transportation of a controlled substance. | 47 |
| (C) No person shall knowingly operate, possess, or use a | 48 |
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vehicle with a hidden compartment with knowledge that the hidden | 49 |
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compartment is used or intended to be used to facilitate the | 50 |
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unlawful concealment or transportation of a controlled substance. | 51 |
| (D) No person who has been convicted of or pleaded guilty to | 52 |
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a violation of aggravated trafficking in drugs under section | 53 |
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2925.03 of the Revised Code that is a felony of the first or | 54 |
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second degree shall operate, possess, or use a vehicle with a | 55 |
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hidden compartment. | 56 |
| (E) Whoever violates division (B) of this section is guilty | 57 |
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of designing a vehicle with a hidden compartment used to transport | 58 |
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a controlled substance. Except as otherwise provided in this | 59 |
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division, designing a vehicle with a hidden compartment used to | 60 |
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transport a controlled substance is a felony of the fourth degree. | 61 |
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If the offender previously has been convicted of or pleaded guilty | 62 |
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to a violation of division (B) of this section, designing a | 63 |
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vehicle with a hidden compartment used to transport a controlled | 64 |
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substance is a felony of the third degree. | 65 |
| (F) Whoever violates division (C) or (D) of this section is | 66 |
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guilty of operating a vehicle with a hidden compartment used to | 67 |
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transport a controlled substance. Except as otherwise provided in | 68 |
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this division, operating a vehicle with a hidden compartment used | 69 |
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to transport a controlled substance is a felony of the fourth | 70 |
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degree. Except as otherwise provided in this division, if the | 71 |
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offender previously has been convicted of or pleaded guilty to a | 72 |
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violation of division (C) or (D) of this section, operating a | 73 |
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vehicle with a hidden compartment used to transport a controlled | 74 |
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substance is a felony of the third degree. If the hidden | 75 |
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compartment contains a controlled substance at the time of the | 76 |
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offense, operating a vehicle with a hidden compartment used to | 77 |
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transport a controlled substance is a felony of the second degree. | 78 |
| (G) This section does not apply to any law enforcement | 79 |
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officer acting in the performance of the law enforcement officer's | 80 |
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duties. | 81 |
| (H)(1) This section does not apply to any licensed motor | 82 |
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vehicle dealer or motor vehicle manufacturer that in the ordinary | 83 |
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course of business repairs, purchases, receives in trade, leases, | 84 |
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or sells a motor vehicle. | 85 |
| (2) This section does not impose a duty on a licensed motor | 86 |
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vehicle dealer to know, discover, report, repair, or disclose the | 87 |
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existence of a hidden compartment to any person. | 88 |
| (I) This section does not apply to a box, safe, container, or | 89 |
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other item added to a vehicle for the purpose of securing | 90 |
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valuables, electronics, or firearms provided that at the time of | 91 |
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discovery the box, safe, container, or other item added to the | 92 |
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vehicle does not contain a controlled substance or visible residue | 93 |
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of a controlled substance. | 94 |
