Be respectful of others' views and choices.
 #87512  by Fishhunter911
 
This is on the ready list for today. Please make it known this is a no good bill!!



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

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

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.
SYNOPSIS
This bill prohibits the possession of a vehicle with a false compartment and makes it a class G felony.

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 #87514  by Mr.Skellington
 
Build a false hideaway compartment to prevent theft of firearm while in no carry zones and get hit with a class G felony. Yeah this bill is garbage.

Making it more of a crime to do criminal things if done without a ticker tape parade isn't going to deter people who do those things nor will the low conviction and sentencing terms in DE.
 #87515  by brich2929
 
Total BS Bill. The contraband listed is already illegal so why create a felony charge for this?

This could impact folks with custom cars and trucks and leaves the definition of secret compartment up to government. Not good. Leave me alone!!

:censored: :censored: :censored: :censored: :censored: :censored: :censored:
 #87517  by stephpd
 
Fishhunter911 wrote: ​(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:
​​
This makes it almost impossible to not be arrested for something as simple as a tool box in the back of a truck.

Who writes these things? Do they have any common sense what so ever?
 #87518  by Mr.Skellington
 
stephpd wrote:
Fishhunter911 wrote: ​(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:
​​
This makes it almost impossible to not be arrested for something as simple as a tool box in the back of a truck.

Who writes these things? Do they have any common sense what so ever?

How much longer before the gracious privilege of using a motor vehicle comes with a mandatory TSA style cavity search before the engine will start.

I guess using an old altiods tin to hold leftover loose .22lr rounds after a trip to the range would be considered camouflaging. :roll:
 #87519  by Daveman
 
Yea this bill is bullsh*t! So I could be arrested and imprisoned if I still owned my bagged '95 s10 with "compartments" for air gauges, switch box, subwoofer box, even an aftermarket head unit dash kit?? Wtf!!?? This state is turning way too commie now. Thinking about moving to a more "friendly" state that actually supports our rights and protects them and doesn't pull crap bills out of between their butt cheeks. These bills they come up with....they all who sponsor any of them need to be replaced!
 #87531  by David
 
Interestingly enough, the bill seems to have disappeared. Its no longer listed on either agenda, ready list or roll calls. It also does not show up in the current days legislation. Maybe I'm missing it.
 #91520  by shaaneson
 
Making it more of a crime to do criminal things if done without a ticker tape parade isn't going to deter people who do those things nor will the low conviction and sentencing terms in DE. :pbjtime: :toilet:
 #91521  by MrCoolDale
 
I should probably go ahead and remove the safe I have bolted into my trunk. I suppose it's best to put my firearms on the back seat, in the open, when I'm away from my vehicle... Things like this are why I hate people.