SF 228 (LSB 1829XS (3) 85)

SENATE FILE 228

BY  SODDERS

A BILL FOR

An Act relating to the use of a false or secret compartment in a motor vehicle, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.284B  False compartment in motor vehicle.
   1.  As used in this section, “false or secret compartment” means any box, container, space, or enclosure that is intended or designed to be used to store, conceal, camouflage, hide, smuggle, transport, or prevent discovery of a person, controlled substance, firearm, weapon, or other contraband and that is within or attached to a motor vehicle including but not limited to any of the following:
   a.  A false or altered fuel tank.
   b.  Original factory equipment of a vehicle that is modified, altered, or changed.
   c.  A compartment, space, or box that is added to or fabricated, made, or created from existing compartments, spaces, or boxes within a vehicle.
   2.  A person who owns, operates, or possesses a motor vehicle with the knowledge that the motor vehicle contains a false or secret compartment, and who owns, operates, or possesses the motor vehicle with the intent to store, conceal, camouflage, hide, smuggle, transport, or prevent discovery of a person, controlled substance, firearm, weapon, or other contraband within the false or secret compartment, is guilty of an aggravated misdemeanor.
   3.  A person who knowingly designs, assembles, constructs, builds, alters, fabricates, attaches, fortifies, installs, places, maintains, or causes to be placed a false or secret compartment in a motor vehicle with the intent that the false or secret compartment be used to store, conceal, camouflage, hide, smuggle, transport, or prevent the discovery of a person, controlled substance, firearm, weapon, or other contraband within the false or secret compartment, is guilty of a class “D” felony.
   4.  The fact that the false or secret compartment was inoperable or was not in use or that the existence of the compartment was known to a peace officer is not a defense to a violation of this section.
EXPLANATION
   This bill relates to the use of a false or secret compartment in a motor vehicle, and provides penalties.
   Under the bill, a person commits an aggravated misdemeanor if the person owns, operates, or possesses a motor vehicle with the knowledge that the motor vehicle contains a false or secret compartment, and the person owns, operates, or possesses the motor vehicle with the intent to hide or prevent the discovery of a person, controlled substance, firearm, weapon, or other contraband within the false or secret compartment.
   Under the bill, a person commits a class “D” felony if the person designs, assembles, constructs, builds, alters, fabricates, attaches, fortifies, installs, places, or causes to be placed a false or secret compartment, or maintains a false compartment in a motor vehicle with the intent that the false or secret compartment be used to store, conceal, camouflage, hide, smuggle, transport, or prevent the discovery of a person, controlled substance, firearm, weapon, or other contraband within the false or secret compartment.
   In addition, it shall be no defense in a prosecution for a violation of the bill if the false or secret compartment is inoperable or is not in use, or that the existence of the compartment was known to a peace officer.
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.