House File 745 - Enrolled

PAG LIN

  1  1                                             HOUSE FILE 745
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE CRIMINAL OFFENSE OF THEFT OF LEASED OR RENTED
  1  5    PERSONAL PROPERTY AND MAKING PENALTIES APPLICABLE.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 714.1, subsection 2, Code 2005, is
  1 10 amended to read as follows:
  1 11    2.  Misappropriates property which the person has in trust,
  1 12 or property of another which the person has in the person's
  1 13 possession or control, whether such possession or control is
  1 14 lawful or unlawful, by using or disposing of it in a manner
  1 15 which is inconsistent with or a denial of the trust or of the
  1 16 owner's rights in such property, or conceals found property,
  1 17 or appropriates such property to the person's own use, when
  1 18 the owner of such property is known to the person.
  1 19    a.  Failure by a bailee or lessee of personal property to
  1 20 return the property within seventy=two hours after a time
  1 21 specified in a written agreement of lease or bailment shall be
  1 22 evidence of misappropriation.
  1 23    b.  If a time is not specified in the written agreement of
  1 24 lease or bailment for the expiration or termination of the
  1 25 lease or bailment or for the return of the personal property,
  1 26 failure by a lessee or bailee to return the property within
  1 27 five days after proper notice to the lessee or bailee shall be
  1 28 evidence of misappropriation.  For the purposes of this
  1 29 paragraph, "proper notice" means a written notice of the
  1 30 expiration or termination of the lease or bailment agreement
  1 31 sent to the lessee or bailee by certified or restricted
  1 32 certified mail at the address of the lessee or bailee
  1 33 specified in the agreement.  The notice shall be considered
  1 34 effective on the date of the mailing of the notice regardless
  1 35 of whether or not the lessee or bailee signs a receipt for the
  2  1 notice.
  2  2
  2  3
  2  4                                                             
  2  5                               CHRISTOPHER C. RANTS
  2  6                               Speaker of the House
  2  7
  2  8
  2  9                                                             
  2 10                               JOHN P. KIBBIE
  2 11                               President of the Senate
  2 12
  2 13    I hereby certify that this bill originated in the House and
  2 14 is known as House File 745, Eighty=first General Assembly.
  2 15
  2 16
  2 17                                                             
  2 18                               MARGARET THOMSON
  2 19                               Chief Clerk of the House
  2 20 Approved                , 2005
  2 21
  2 22
  2 23                            
  2 24 THOMAS J. VILSACK
  2 25 Governor