HOUSE DOCKET, NO. 1836 FILED ON: 1/19/2017 HOUSE . . . . . . . . . . . . . . . No. 1266 The Commonwealth of Massachusetts _________________ PRESENTED BY: Stephan Hay _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to hidden compartments. _______________ PETITION OF: NAME: Stephan Hay Donald R. Berthiaume, Jr. Michelle M. DuBois Timothy R. Whelan Jonathan D. Zlotnik DISTRICT/ADDRESS: 3rd Worcester 5th Worcester 10th Plymouth 1st Barnstable 2nd Worcester 1 of 4 HOUSE DOCKET, NO. 1836 FILED ON: 1/19/2017 HOUSE . . . . . . . . . . . . . . . No. 1266 By Mr. Hay of Fitchburg, a petition (accompanied by bill, House, No. 1266) of Stephan Hay and others relative to the penalties for the use or manufacture of hidden compartments for the purpose of transporting or distributing controlled substances. Public Safety and Homeland Security. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 2121 OF 2015-2016.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninetieth General Court (2017-2018) _______________ An Act relative to hidden compartments. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 2 3 4 Chapter 94C of the General Laws is hereby amended by inserting after section 32K the following section: Section 32L: Hidden compartment in conveyance; construction, possession or use in distribution of controlled substances and paraphernalia; penalties. 5 (a) Definition: As used in this section, the term “hidden compartment” shall be defined 6 as any after-market hidden or secret compartment that is operated electronically, mechanically, 7 or manually and has been installed in or attached to a conveyance including any aircraft, vehicle, 8 or vessel, or any factory-designed void in such a conveyance that has been modified, altered, or 9 changed to function as a hidden compartment. 2 of 4 10 b) Any person who possesses, uses, or controls a conveyance containing a hidden 11 compartment with the intent to secrete, store, or transport (i) any controlled substances which 12 have been manufactured, delivered, distributed, dispensed or acquired in violation of this 13 chapter, (ii) any materials, products, and equipment of any kind used or intended for use, in the 14 manufacturing, compounding, processing, delivering, dispensing, distributing, importing, or 15 exporting of any controlled substance in violation of this chapter, (iii) any drug paraphernalia, 16 (iv) any moneys, negotiable instruments, securities, or other things of value furnished or intended 17 to be furnished by any person in exchange for a controlled substance in violation of this chapter, 18 all proceeds traceable to such an exchange, including currency and any other thing of value, and 19 all moneys, negotiable instruments, and securities used or intended to be used to facilitate any 20 violation of the provisions of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty- 21 two D, thirty-two E, thirty-two F, thirty-two G, thirty-two I, thirty-two J, or forty of this chapter, 22 and (v) firearms, ammunition, or other weapons, shall be punished by imprisonment in the state 23 prison for not less than 3 years and not more than 5 years, or by imprisonment in the house of 24 correction for not more than 2 ½ years. No sentence imposed under the provisions of this section 25 shall be less than a mandatory minimum term of imprisonment of 2 years. The penalty for a 26 second or subsequent offense shall be imprisonment in the state prison for not less than 5 and not 27 more than 10 years after a second offense. 28 (c) Any person who designs, constructs, builds, alters or fabricates a hidden 29 compartment intended for the use in or attached to a conveyance, or installs in or attaches a 30 hidden compartment to a conveyance with the intent to secrete, store, or transport any of the 31 items listed in subsection (b) shall be punished by imprisonment in the state prison for not less 32 than 3 years and not more than 5 years, or by imprisonment in the house of correction for not 3 of 4 33 more than 2 ½ years. No sentence imposed under the provisions of this section shall be less than 34 a mandatory minimum tern of imprisonment of 2 years. The penalty for a second or subsequent 35 offense shall be imprisonment in the state prison for not less than 5 and not more than 10 years 36 after a second offense. 37 (d) Forfeiture: Any conveyance containing a hidden compartment, as well as the contents 38 of the hidden compartment, shall be subject to seizure by any city, town, or state police 39 department and subject to the provisions of Section 47 of this chapter. Proof that a conveyance 40 contains a hidden compartment as defined in this section shall be prima facie evidence that the 41 conveyance was used intended for use in and for the business of unlawfully manufacturing, 42 dispensing, or distributing controlled substances. 43 Removal of the hidden compartment from the conveyance, or the promise to do so, shall 44 not be the basis for a defense to forfeiture of the conveyance under Section 47 of this chapter and 45 shall not be the basis for the court to release the conveyance to the owner. 4 of 4