House File 173 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON PUBLIC SAFETY

                                       (SUCCESSOR TO HF 52)


    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 1684HV 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 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 certified 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 certified peace
  1 16 officer's immediate direction, supervision, or instruction
  1 17 pursuant to that investigation, is not subject to prosecution
  1 18 under this section.
  1 19    4.  For purposes of this section, the following definitions
  1 20 apply:
  1 21    a.  "Contraband" means property which is procured during
  1 22 the commission of an act which is punishable as a felony, or
  1 23 property the possession of which is punishable as a felony.
  1 24 "Contraband" may include but is not limited to stolen
  1 25 property, illegal controlled substances, and illegal weapons.
  1 26    b.  "False compartment" means any box, container, space, or
  1 27 enclosure that is intended or designed for use to conceal,
  1 28 hide, or otherwise prevent discovery of contraband and that is
  1 29 located within or attached to a vehicle, including but not
  1 30 limited to any of the following:
  1 31    (1)  A false, altered, or modified fuel tank.
  1 32    (2)  Original factory equipment of a vehicle that is
  1 33 modified, altered, or changed.
  1 34    (3)  A compartment, space, or box that is added to,
  1 35 fabricated, made, or created from existing compartments,
  2  1 spaces, or boxes within a vehicle.
  2  2    c.  "Vehicle" means a motor vehicle as defined in section
  2  3 321.1, aircraft, recreational vehicle, or watercraft including
  2  4 but not limited to a car, truck, bus, boat, ship, yacht,
  2  5 vessel, or other means of conveyance, owned or operated by, or
  2  6 rented, leased, or loaned to, a person.
  2  7 HF 173
  2  8 dea:rj/es/25