House File 52 - Introduced
HOUSE FILE
BY TJEPKES and McCARTHY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act prohibiting false compartments in vehicles for the purpose
2 of intentionally concealing or transporting contraband and
3 providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1684HH 81
6 dea/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 733.1 FALSE COMPARTMENTS IN
1 2 VEHICLES == PROHIBITED.
1 3 1. A person shall not possess, use, or control a false
1 4 compartment with the intent to store, conceal, smuggle, or
1 5 transport contraband within the false compartment. A
1 6 violation of this subsection is a serious misdemeanor.
1 7 2. A person shall not design, construct, build, alter, or
1 8 fabricate a false compartment for, or install or attach a
1 9 false compartment to, a vehicle with the intent to store,
1 10 conceal, smuggle, or transport contraband within the false
1 11 compartment. A violation of this subsection is a serious
1 12 misdemeanor.
1 13 3. A duly authorized peace officer, while investigating a
1 14 violation of this section in the performance of the officer's
1 15 official duties, or any person working under a peace officer's
1 16 immediate direction, supervision, or instruction pursuant to
1 17 that investigation, is not subject to prosecution under this
1 18 section.
1 19 4. For purposes of this section, the following definitions
1 20 apply:
1 21 a. "Contraband" means property which is illegally procured
1 22 or property the possession of which is unlawful. "Contraband"
1 23 includes but is not limited to stolen property, illegal
1 24 controlled substances, and illegal weapons.
1 25 b. "False compartment" means any box, container, space, or
1 26 enclosure that is intended or designed for use to conceal,
1 27 hide, or otherwise prevent discovery of contraband and that is
1 28 located within or attached to a vehicle, including but not
1 29 limited to any of the following:
1 30 (1) A false, altered, or modified fuel tank.
1 31 (2) Original factory equipment of a vehicle that is
1 32 modified, altered, or changed.
1 33 (3) A compartment, space, or box that is added to,
1 34 fabricated, made, or created from existing compartments,
1 35 spaces, or boxes within a vehicle.
2 1 c. "Vehicle" means a motor vehicle as defined in section
2 2 321.1, aircraft, recreational vehicle, or watercraft including
2 3 but not limited to a car, truck, bus, boat, ship, yacht,
2 4 vessel, or other means of conveyance, owned or operated by, or
2 5 rented, leased, or loaned to, a person.
2 6 EXPLANATION
2 7 This bill makes it a crime for any person to possess, use,
2 8 or control a false compartment in a vehicle with the intent to
2 9 store, conceal, smuggle, or transport contraband. The bill
2 10 also makes it a crime to design, construct, build, alter, or
2 11 fabricate a false compartment or to install or attach such a
2 12 compartment to a vehicle with the intent to store, conceal,
2 13 smuggle, or transport contraband. A violation of either
2 14 provision is a serious misdemeanor punishable by confinement
2 15 for no more than one year and a fine of at least $250 but not
2 16 more than $1,500.
2 17 For purposes of the bill, "contraband" is defined as
2 18 property which is illegally procured or the possession of
2 19 which is unlawful, including but not limited to stolen
2 20 property, illegal controlled substances, and illegal weapons.
2 21 A "false compartment" is defined to mean any box, container,
2 22 space, or enclosure within or attached to a vehicle for use to
2 23 conceal, hide, or otherwise prevent discovery of contraband.
2 24 A "vehicle" is defined as a motor vehicle, aircraft,
2 25 recreational vehicle, watercraft, or other conveyance.
2 26 Peace officers who are investigating violations of the bill
2 27 in the performance of their official duties and persons
2 28 working under such peace officers' immediate direction,
2 29 supervision, or instruction pursuant to that investigation are
2 30 not subject to prosecution under the bill.
2 31 LSB 1684HH 81
2 32 dea/sh/8