Bill > A1398

Introduced Session

This bill would make it a crime for a person to possess, design or assemble a false or secret compartment in a motor vehicle with the intent to store, conceal, smuggle or transport a person, controlled dangerous substance, firearm, weapon or other contraband. Under the provisions of the bill, it would be a crime of the third degree for a person, acting with an unlawful purpose, to knowingly own, operate or possess a motor vehicle which contains a false or secret compartment with the intent to store, conceal, smuggle or transport a controlled dangerous substance, firearm or weapon within the false compartment. It would be a crime of the second degree for a person, acting with an unlawful purpose, to knowingly design, assemble, construct, build, alter, fabricate, attach, fortify, install, place, cause to be placed or maintain a false compartment in a motor vehicle with the intent to store, conceal, smuggle or transport a controlled dangerous substance, firearm or weapon within the false compartment. A crime of the second degree is punishable by a term of imprisonment of five to ten years, a fine of up to $150,000 or both. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000 or both. The bill provides that it would not be a defense that the false or secret compartment was inoperable or was not actually triggered, or that its existence or location was known to a law enforcement officer or another person. The bill defines a "false or secret compartment" as any box, container, space or enclosure that is intended or designed to be used to conceal, hide, and prevent discovery of a person, controlled dangerous substance, firearm, weapon or other contraband within or attached to a motor vehicle, including but not limited to, any of the following: (1) false, altered or modified fuel tanks; (2) original factory equipment of a vehicle that is modified, altered or changed; or (3) compartment, space, or box that is added to or fabricated, made or created from existing compartments, spaces or boxes within a vehicle. The bill provides that a person's intention to use a false or secret compartment to conceal the contents of the compartment from a law enforcement officer may be inferred from factors including, but not limited to, the discovery of a person, controlled dangerous 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 dangerous substance, firearm, weapon or other contraband within the false or secret compartment. In addition, the bill would provide that any vehicle containing a false or secret compartment and any items within that compartment would be subject to forfeiture and could be seized by the State or any law enforcement officer in accordance with the provisions of the forfeiture law in N.J.S.A.2C:64-1 et seq. The bill would also provide that the sentence imposed for violating the provisions of the bill would not merge with a conviction of any other criminal offense, or for conspiring or attempting to violate any other criminal offense. The court would be required to impose separate sentences upon each violation of this section and any other criminal offense.

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Committee Categories

Gordon Johnson (D)*,  Ralph Caputo (D),  Joseph Egan (D),  Thomas Giblin (D),  Jerry Green (D),  Cleopatra Tucker (D), 

Introduced, Referred to Assembly Law and Public Safety Committee (on 01/27/2016)