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 1 45 1 46 1 47 1 48 1 49 1 50 -1-