06 LC 29
2293S/AP
House
Bill 1193 (AS PASSED HOUSE AND SENATE)
By:
Representatives Knight of the
126th,
Rice of the
51st,
Coleman of the
97th,
Ralston of the
7th,
and Talton of the
145th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to dangerous instrumentalities and practices, so as to
prohibit owning or operating vehicles containing false or secret compartments;
to provide for definitions; to provide for proof of intent under certain
circumstances; to prohibit operating any vehicle containing false or secret
compartments, installing false or secret compartments in a vehicle, or selling a
vehicle with false or secret compartments; to provide for a penalty; to provide
for disposition of a vehicle containing a false or secret compartment; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating
to dangerous instrumentalities and practices, is amended by adding a new Code
section to read as follows:
"16-11-112.
(a)
As used in this Code section, the term:
(1)(A)
'False or secret compartment' means any enclosure which is integrated into or
attached to a vehicle and the purpose of the compartment is to conceal, hide, or
prevent discovery by law enforcement officers of:
(i) A person concealed for an unlawful purpose;
(ii)
Controlled substances possessed in violation of Article 2 of Chapter 13 of this
title; or
(iii)
Other contraband.
(B)
Examples of 'false or secret compartment' may include, but are not limited to:
(i)
False, altered, or modified fuel tanks;
(ii)
Original factory equipment on a vehicle that has been modified; or
(iii)
Any compartment, space, or box that is added or attached to existing
compartments, spaces, or boxes of the vehicle.
(2)
'Vehicle' includes, but is not limited to, cars, trucks, buses, motorcycles,
bicycles, aircraft, helicopters, boats, ships, yachts, and other
vessels.
(b)
It may be inferred that the accused intended to use a false or secret
compartment if a person knowingly has a false or secret compartment
which:
(1)
Is concealing a person for an unlawful purpose;
(2)
Is concealing a controlled substance in violation of Article 2 of Chapter 13 of
this title;
(3)
Is concealing other contraband;
(4)
Shows evidence of the previous concealment of a person for an unlawful
purpose;
(5)
Shows evidence of the previous concealment of controlled substances in violation
of Article 2 of Chapter 13 of this title; or
(6)
Shows evidence of the previous concealment of other contraband.
(c)(1)
It is unlawful for any person to knowingly own or operate any vehicle containing
a false or secret compartment.
(2)
It is unlawful for any person to knowingly install, create, build, or fabricate
in any vehicle a false or secret compartment.
(3)
It is unlawful for any person to knowingly sell, trade, or otherwise dispose of
a vehicle which is in violation of this Code section.
(d)
Any person who violates this Code section shall, upon conviction thereof, be
punished by imprisonment for not less than one nor more than two years, by a
fine not to exceed $10,000.00, or both.
(e)
Upon the arrest of a person who owns or is operating a vehicle which is in
violation of this Code section, if the vehicle is not otherwise subject to
forfeiture under other provisions of law, or not determined to be needed to be
held as evidence, the law enforcement officer shall seize the license plate and
registration for such vehicle and shall issue a citation for violation of this
Code section and a temporary license plate for the vehicle. The temporary
license plate shall be on a form as prescribed by the state revenue
commissioner. The temporary license plate shall be valid for 30 days or until
the owner of the vehicle provides verification that such vehicle has been
repaired so as to eliminate any violation of this Code section, whichever occurs
first. Such vehicle shall be subject to inspection by law enforcement and if it
is determined that such vehicle has been repaired, the license plate and
registration shall be returned to the owner at such
time."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.