05 LC 34
0190
House
Bill 278
By:
Representatives Rice of the
51st,
Dollar of the
45th,
Murphy of the
23rd,
and Parham of the
141st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to criminal offenses involving controlled substances, so as
to prohibit owning or operating vehicles containing false or secret
compartments; to prohibit installing false or secret compartments in a vehicle;
to subject such vehicles to forfeiture; to provide a penalty for violations; to
provide for related matters; to provide an effective date; to provide for
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating
to criminal offenses involving controlled substances, is amended by inserting
immediately following Code Section 16-13-49 a new Code Section 16-13-49.1 to
read as follows:
"16-13-49.1.
(a)
As used in this Code section, the term:
(1)
'False or secret compartment' means any enclosure that is intended and designed
to be used to conceal, hide, or prevent discovery by law enforcement officers of
the false or secret compartment, or its contents, and which is integrated into
or attached to a vehicle. The term 'false or secret compartment' includes, but
is not limited to:
(A)
False, altered, or modified fuel tanks;
(B)
Any original factory equipment on a vehicle that has been modified to conceal,
hide, or prevent discovery of its contents; and
(C)
Any compartment, space, or box that is added or attached to existing
compartments, spaces, or boxes integrated into or attached to a
vehicle.
(2)
'Vehicle' includes, but is not limited to, cars, trucks, buses, motorcycles,
bicycles, aircraft, helicopters, boats, ships, yachts, and other
vessels.
(b)
For purpose of this Code section, a
persońs
intention to use a false or secret compartment to conceal the contents of the
compartment from a law enforcement officer may be inferred from factors
including, but not limited to, the discovery of:
(1)
A person, firearm, controlled substance, or other contraband within the false or
secret compartment; or
(2)
Evidence of the previous placement of a person, firearm, controlled substance,
or other contraband within the false or secret compartment.
(c)
It is unlawful for any person to own or operate any vehicle he or she knows to
contain a false or secret compartment. It is unlawful for any person to
knowingly install, create, build, or fabricate in any vehicle a false or secret
compartment.
(d)
Any vehicle containing a false or secret compartment, as well as any items
within that compartment, shall be subject to seizure by any law enforcement
agency or law enforcement officer within whose jurisdiction that property is
found. Any property seized under this Code section shall be subject to the
forfeiture procedures contained in Code Section 16-13-49. The removal of the
false or secret compartment from the motor vehicle, or the promise to do so,
shall not be the basis for a defense to forfeiture of the vehicle or its
contents and shall not be the basis for the court to release the vehicle to the
owner.
(e)
A violation of this Code section is punishable by a fine of not more than
$10,000.00 or by imprisonment for up to two years, or
both."
SECTION
2.
This
Act shall become effective on July 1, 2005, and applies to offenses occurring on
or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.