Operating a vehicle or vessel containing a false compartment; penalty. (SB234)

Introduced By

Sen. Chap Petersen (D-Fairfax)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Operating a vehicle or vessel containing a false compartment; penalty. Provides that it is a Class 6 felony for a person to (i) own or operate a vehicle or vessel containing a false or secret compartment, (ii) install, create, build, or fabricate in any vehicle or vessel a false or secret compartment, or (iii) sell, trade, or otherwise dispose of any vehicle or vessel containing a false or secret compartment. The bill defines a "false or secret compartment" as any enclosure that is integrated into or attached to a vehicle or vessel, the purpose of which is to conceal, hide, or prevent the discovery of a person, controlled substance, or other contraband. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/03/2014Prefiled and ordered printed; offered 01/08/14 14103184D
01/03/2014Referred to Committee for Courts of Justice
01/09/2014Impact statement from VCSC (SB234)
01/20/2014Continued to 2015 in Courts of Justice (13-Y 0-N) (see vote tally)

Comments

Waldo Jaquith writes:

the purpose of which is to conceal, hide, or prevent the discovery by law-enforcement officers of a person concealed for an unlawful purpose, controlled substances possessed in violation of Article 1 (§ 18.2-247 et seq.) of Chapter 7, or other contraband.

This bit is the bill's Achilles heel. The intent of a hidden compartment is impossible to divine unless somebody is caught with contraband in that compartment. Realistically, the only purpose of this is to have yet another thing to charge somebody with after they're caught running drugs. The mere presence of a hidden compartment in somebody's car (which sounds awesome, and now I want one) won't be actionable, because intent couldn't be proven.

robert legge writes:

Good analysis, Waldo. Has something like this become law in any other state? If so, how have the courts treated it?