SPONSOR:	Rep. Smyk & Rep. Keeley & Sen. Hocker;
	Reps. D. Short, Dukes, Kenton, Miro, Peterman, Brady, Q. Johnson, Mitchell

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 192

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND VEHICLES WITH FALSE OR SECRET COMPARTMENTS.

Section 1.Amend Chapter 5, Title 11, Delaware Code by making insertions as shown by underlining as follows:

§ 1239A. Possession of a vehicle with a false compartment; class G felony.

(a) A person is guilty of possession of a vehicle with a false compartment when, acting with an unlawful purpose:

(1) They knowingly own, operate, or possess a motor vehicle which contains a false or secret compartment 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 compartment; or

(2) They knowingly design, assemble, construct, build, alter, fabricate, attach, fortify, install, place, cause to be placed, or maintain a false compartment.

(b) This section shall not be applicable to the sleeping quarters of a commercial motor vehicle tractor, recreational motor vehicle, vessel, or aircraft.

(c) It shall not be a defense to this section that the false or secret compartment was inoperable or was not actually triggered, or that its existence or locations was known to a law enforcement officer or another person.

(d) For the purpose of this section, a person's intention to use a false or secret compartment to conceal the contents of the compartment from a law enforcement officer shall be inferred from factors including the discovery of a person, controlled substance, firearm, weapon, or other contraband within the false or secret compartment, or from the discovery of evidence of the previous placement of a person, controlled substance, firearm, weapon, or other contraband within the false or secret compartment.

(e) As used in this section, the following words and phrases shall have the meaning given to them in this subsection unless the context clearly indicates otherwise:

(1) "False or secret compartment" means any box, container, space, or enclosure that is intended or designed to store, conceal, camouflage, hide, smuggle, transport, or prevent discovery of a person, controlled substance, firearm, weapon, or contraband within or attached to a motor vehicle, such as, but not limited to, the following:

a. False, altered or modified fuel tanks.

b. Original factory equipment modified, altered, or changed.

c. Compartment, space, or box that is added to or fabricated, made, or created using existing compartments, spaces, or boxes within the vehicle.

(2) "Vehicle" means motor vehicles, vessels, and aircraft.

(f) Any vehicle having a false or secret compartment in violation of this section shall be subject to forfeiture pursuant to subchapter II, Chapter 23 of this title.

Possession of a vehicle with a false compartment is a class G felony.

Section 2.This Act shall become effective 60 days after enactment.