Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 4404
STATUS INFORMATION
General Bill
Sponsors: Rep. W.D. Smith
Document Path: l:\council\bills\nbd\11929cm08.doc
Introduced in the House on January 8, 2008
Currently residing in the House Committee on Judiciary
Summary: Unlawful secret compartments
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
1/8/2008 House Introduced and read first time HJ-61
1/8/2008 House Referred to Committee on Judiciary HJ-62
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1065 SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "VEHICLE" AND "FALSE OR SECRET COMPARTMENT", TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A VEHICLE WITH A FALSE OR SECRET COMPARTMENT, OR INSTALL A FALSE OR SECRET COMPARTMENT IN A VEHICLE, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS SECTION, TO PROVIDE THAT THE VEHICLE'S LICENSE PLATE AND REGISTRATION MAY BE SEIZED AND A TEMPORARY LICENSE PLATE ISSUED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE VEHICLE'S LICENSE PLATE AND REGISTRATION MUST BE RETURNED ONCE THE VEHICLE'S VIOLATION HAS BEEN ELIMINATED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 11, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-1065. (A) As used in this section.
(1) 'Vehicle' includes, but is not limited to, cars, trucks, buses, motorcycles, bicycles, aircraft, helicopters, boats, ships, yachts, and other vessels.
(2) 'False or secret compartment' means any enclosure which is integrated into or attached to a vehicle and whose purpose is to conceal, hide, or prevent discovery by law enforcement officers:
(a) a person concealed for an unlawful purpose;
(b) controlled substances possessed illegally; or
(c) other contraband.
Examples of 'false or secret compartments' include, but are not limited to: false, altered, or modified fuel tanks, original factory equipment on a vehicle that has been modified, and any compartment, space, or box that is added or attached to existing compartments, spaces or boxes of the vehicle.
(B) It may be inferred that a person 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 the law;
(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 the law; or
(6) shows evidence of previous concealment of other contraband.
(C) It is unlawful for a person to knowingly own or operate a vehicle containing a false or secret compartment.
(D) It is unlawful for a person to knowingly install, create, build, or fabricate in a vehicle a false or secret compartment.
(E) It is unlawful for any person to knowingly sell, trade, or otherwise dispose of a vehicle which is in violation of section (E). (F) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment of not less than one nor more than two years, or by a fine not to exceed ten thousand dollars, or both.
(G) Upon the arrest of a person who owns or is operating a vehicle which is in violation of this section, if the vehicle is not otherwise subject to forfeiture under another provision of law, or not determined to be needed to be held as evidence, the law enforcement officer shall seize the vehicle's license plate and registration and shall issue a citation for the violation of this section and a temporary license plate for the vehicle. The temporary license plate is valid for thirty days or until the owner of the vehicle provides verification that the vehicle has been repaired to eliminate any violation of this section. The vehicle is subject to inspection by law enforcement. If it is determined that the vehicle has been repaired, the license plate and registration must be returned to the vehicle's owner."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:38 P.M.