S.F. 2036 Section 1. NEW SECTION . 321.284B Hidden compartments. 1 1. As used in this section unless the context otherwise 2 requires: 3 a. “Controlled substance” means the same as defined in 4 section 124.101. 5 b. “Hidden compartment” means a container, space, or 6 enclosure that conceals, hides, or otherwise prevents 7 the discovery of the contents of the container, space, or 8 enclosure. “Hidden compartment” includes but is not limited to 9 any of the following: 10 (1) A false or modified fuel tank. 11 (2) Original factory equipment on a vehicle that has been 12 modified to conceal or prevent the discovery of the contents 13 within the modified equipment. 14 (3) A compartment, space, box, or other closed container 15 that is added or attached to an existing compartment, space, 16 box, or closed container integrated within or attached to a 17 vehicle. 18 c. “Manufacturer” means the same as defined in section 19 321.1. 20 d. “Motor vehicle dealer” means a dealer required to be 21 licensed under chapter 322. 22 e. “Vehicle” means the same as defined in section 321.1. 23 2. A person shall not knowingly design, build, construct, 24 or fabricate a vehicle with a hidden compartment, or modify 25 or alter any portion of a vehicle in order to create or add a 26 hidden compartment, with the intent to facilitate the unlawful 27 concealment or transportation of a controlled substance. A 28 person who violates this subsection commits a class “D” felony. 29 3. A person shall not knowingly operate, possess, or use a 30 vehicle with a hidden compartment with the knowledge that the 31 hidden compartment is used or intended to be used to facilitate 32 the unlawful concealment or transportation of a controlled 33 substance. A person who violates this subsection commits a 34 class “D” felony. 35 -1- LSB 5202XS (3) 85 jm/nh 1/ 3

S.F. 2036 4. This section does not apply to any of the following: 1 a. A peace officer as defined in section 801.4 when the 2 officer is acting within the scope of the lawful duty or 3 authority of that officer. 4 b. A motor vehicle dealer or manufacturer in the ordinary 5 course of business. 6 c. A box, safe, container, or other item added to a 7 vehicle for the purpose of securing valuables, electronics, or 8 firearms, provided that at the time of discovery the box, safe, 9 container, or other item added to the vehicle does not contain 10 a controlled substance or residue of a controlled substance. 11 5. This section does not impose a duty on a motor vehicle 12 dealer to know, discover, report, repair, or disclose the 13 existence of a hidden compartment to any person. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the use of hidden compartments in a 18 vehicle. 19 The bill prohibits a person from knowingly designing, 20 building, constructing, or fabricating a vehicle with a hidden 21 compartment, or modifying or altering any portion of a vehicle 22 in order to create or add a hidden compartment, with the intent 23 to facilitate the unlawful concealment or transportation of a 24 controlled substance. 25 The bill prohibits a person from knowingly operating, 26 possessing, or using a vehicle with a hidden compartment 27 with the knowledge that the hidden compartment is used or 28 intended to be used to facilitate the unlawful concealment or 29 transportation of a controlled substance. 30 The bill defines a “hidden compartment” to mean a container, 31 space, or enclosure that conceals, hides, or otherwise prevents 32 the discovery of the contents of the container, space, or 33 enclosure. Under the bill “hidden compartment” includes but 34 is not limited to any of the following: an altered or modified 35 -2- LSB 5202XS (3) 85 jm/nh 2/ 3

S.F. 2036 fuel tank, original factory equipment on a vehicle that has 1 been modified to conceal or prevent the discovery of the 2 modified equipment’s content, or a space, box, or other closed 3 container that is added or attached to an existing compartment, 4 space, box, or closed container integrated within or attached 5 to a vehicle. 6 The bill defines “vehicle” to mean the same as defined in 7 Code section 321.1(90). The definition under Code section 8 321.1 includes every device in, upon, or by which any person or 9 property is or may be transported or drawn upon a highway. 10 The bill does not apply to the following: a peace officer as 11 defined in Code section 801.4 when the officer is acting within 12 the scope of the lawful duty or authority of that officer, a 13 motor vehicle dealer or manufacturer in the ordinary course of 14 business, or a box, safe, container, or other item added to a 15 vehicle for the purpose of securing valuables, electronics, or 16 firearms provided that at the time of discovery the box, safe, 17 container, or other item added to the vehicle does not contain 18 a controlled substance or residue of a controlled substance. 19 The bill does not impose a duty on a motor vehicle dealer to 20 know, discover, report, repair, or disclose the existence of a 21 hidden compartment to any person. 22 A person who violates the bill commits a class “D” felony. A 23 class “D” felony is punishable by confinement for no more than 24 five years and a fine of at least $750 but not more than $7,500. 25 -3- LSB 5202XS (3) 85 jm/nh 3/ 3