Senate Amendment 3113


PAG LIN




     1  1    Amend House File 745, as passed by the House, as
     1  2 follows:
     1  3 #1.  By striking everything after the enacting
     1  4 clause and inserting the following:
     1  5    <Section 1.  Section 714.1, subsection 2, Code
     1  6 2005, is amended to read as follows:
     1  7    2.  Misappropriates property which the person has
     1  8 in trust, or property of another which the person has
     1  9 in the person's possession or control, whether such
     1 10 possession or control is lawful or unlawful, by using
     1 11 or disposing of it in a manner which is inconsistent
     1 12 with or a denial of the trust or of the owner's rights
     1 13 in such property, or conceals found property, or
     1 14 appropriates such property to the person's own use,
     1 15 when the owner of such property is known to the
     1 16 person.
     1 17    a.  Failure by a bailee or lessee of personal
     1 18 property to return the property within seventy=two
     1 19 hours after a time specified in a written agreement of
     1 20 lease or bailment shall be evidence of
     1 21 misappropriation.
     1 22    b.  If a time is not specified in the written
     1 23 agreement of lease or bailment for the expiration or
     1 24 termination of the lease or bailment or for the return
     1 25 of the personal property, failure by a lessee or
     1 26 bailee to return the property within five days after
     1 27 proper notice to the lessee or bailee shall be
     1 28 evidence of misappropriation.  For the purposes of
     1 29 this paragraph, "proper notice" means a written notice
     1 30 of the expiration or termination of the lease or
     1 31 bailment agreement sent to the lessee or bailee by
     1 32 certified or restricted certified mail at the address
     1 33 of the lessee or bailee specified in the agreement.
     1 34 The notice shall be considered effective on the date
     1 35 of the mailing of the notice regardless of whether or
     1 36 not the lessee or bailee signs a receipt for the
     1 37 notice.>
     1 38
     1 39
     1 40                               
     1 41 KEITH A. KREIMAN
     1 42 BRAD ZAUN
     1 43 HF 745.701 81
     1 44 kk/gg/1967
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