Senate
File
403
-
Enrolled
Senate
File
403
AN
ACT
RELATING
TO
THE
THEFT
OF
EQUIPMENT
RENTAL
PROPERTY,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
714.1,
subsection
9,
Code
2017,
is
amended
to
read
as
follows:
9.
a.
Obtains
the
temporary
use
of
video
rental
property
or
equipment
rental
property
with
the
intent
to
deprive
the
owner
of
the
use
and
possession
of
the
video
rental
property
or
equipment
rental
property
without
the
consent
of
the
owner.
b.
Lawfully
obtains
the
temporary
use
of
video
rental
property
or
equipment
rental
property
and
fails
to
return
the
video
rental
property
or
equipment
rental
property
by
the
agreed
time
with
the
intent
to
deprive
the
owner
of
the
use
and
possession
of
the
video
rental
property
or
equipment
rental
property
without
the
consent
of
the
owner.
The
aggregate
value
of
the
video
rental
property
or
equipment
rental
property
involved
shall
be
the
original
retail
value
of
the
video
rental
property
or
equipment
rental
property
.
Sec.
2.
Section
714.6A,
Code
2017,
is
amended
to
read
as
follows:
714.6A
Video
or
equipment
rental
property
theft
——
evidence
of
intention
——
affirmative
defense.
1.
The
fact
that
a
person
obtains
possession
of
video
rental
property
or
equipment
rental
property
by
means
of
deception,
including
but
not
limited
to
furnishing
a
false
name,
address,
Senate
File
403,
p.
2
or
other
identification
to
the
owner,
is
evidence
that
possession
was
obtained
with
intent
to
knowingly
deprive
the
owner
of
the
use
and
possession
of
the
video
rental
property
or
equipment
rental
property
.
2.
The
fact
that
a
person,
having
lawfully
obtained
possession
of
video
rental
property
or
equipment
rental
property
,
fails
to
pay
the
owner
the
fair
market
value
of
the
video
rental
property
or
equipment
rental
property
or
to
return
or
make
arrangements
acceptable
to
the
owner
to
return
the
video
rental
property
or
equipment
rental
property
to
the
owner
within
forty-eight
hours
after
receipt
of
written
notice
and
demand
from
the
owner
is
evidence
of
an
intent
to
knowingly
deprive
the
owner
of
the
use
and
possession
of
the
video
rental
property
or
equipment
rental
property
.
3.
It
shall
be
an
affirmative
defense
to
a
prosecution
under
section
714.1,
subsection
9
,
paragraph
“a”
,
if
the
defendant
in
possession
of
video
rental
property
or
equipment
rental
property
pays
the
owner
the
fair
market
value
of
the
video
rental
property
or
equipment
rental
property
or
returns
the
property
to
the
owner
within
forty-eight
hours
of
arrest,
together
with
any
standard
overdue
charges
for
the
period
that
the
owner
was
unlawfully
deprived
of
possession,
but
not
to
exceed
one
hundred
twenty
days,
and
the
value
of
the
damage
to
the
property,
if
any.
______________________________
JACK
WHITVER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
403,
Eighty-seventh
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2017
______________________________
TERRY
E.
BRANSTAD
Governor