House File 2508
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HF 2365)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the theft of leased or rented personal
2 property and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6170HV 80
5 kk/gg/14
PAG LIN
1 1 Section 1. Section 714.1, subsection 2, Code 2003, is
1 2 amended to read as follows:
1 3 2. Misappropriates property which the person has in trust,
1 4 or property of another which the person has in the person's
1 5 possession or control, whether such possession or control is
1 6 lawful or unlawful, by using or disposing of it in a manner
1 7 which is inconsistent with or a denial of the trust or of the
1 8 owner's rights in such property, or conceals found property,
1 9 or appropriates such property to the person's own use, when
1 10 the owner of such property is known to the person. Failure
1 11 Except as provided in section 714.4A, failure by a bailee or
1 12 lessee of personal property to return the property within
1 13 seventy=two hours after a time specified in a written
1 14 agreement of lease or bailment shall be evidence of
1 15 misappropriation.
1 16 Sec. 2. NEW SECTION. 714.4A RENTED OR LEASED PERSONAL
1 17 PROPERTY == EVIDENCE OF INTENTION.
1 18 1. The fact that a person who has leased or rented
1 19 personal property of another willfully fails to return or make
1 20 arrangements acceptable with the lessor or owner to return the
1 21 personal property to the lessor or owner within ten days after
1 22 proper notice following expiration of the lease or rental
1 23 agreement, or conceals the property from the lessor or owner,
1 24 or sells, pawns, loans, abandons, or gives away the leased or
1 25 rented property, is material evidence of the intent to deprive
1 26 the lessor or owner of the use and possession of the personal
1 27 property.
1 28 2. The fact that a person who has leased or rented a motor
1 29 vehicle willfully fails to return or make arrangements
1 30 acceptable to the lessor or owner to return the motor vehicle
1 31 to the lessor or owner within seventy=two hours after the
1 32 expiration of the lease or rental agreement is material
1 33 evidence of the intent to deprive the lessor or owner of the
1 34 use and possession of the personal property. This subsection
1 35 shall not apply if return of the motor vehicle is made more
2 1 difficult or expensive by a defect in such vehicle which
2 2 renders the vehicle inoperable, if the lessee or renter
2 3 notifies the lessor or owner of the location of such vehicle
2 4 and such defect prior to the expiration of the lease or rental
2 5 agreement.
2 6 3. The fact that a person obtains possession of personal
2 7 property subject to a lease or rental agreement by means of
2 8 deception, including but not limited to furnishing a false
2 9 name, address, place of employment, or other identification to
2 10 the lessor or owner is evidence that possession was obtained
2 11 with intent to knowingly deprive the lessor or owner of the
2 12 use and possession of the personal property.
2 13 4. Unless otherwise agreed to in writing, for the purpose
2 14 of determining whether a theft as described in this section
2 15 has occurred, personal property which is the subject of a
2 16 leasing contract or rental agreement providing the option to
2 17 buy the personal property is owned by the owner until such
2 18 time as the owner endorses the sale and transfer of ownership
2 19 of the leased or rented property to the lessee or renter.
2 20 5. This section shall apply to all forms of leasing and
2 21 rental agreements concerning personal property, including but
2 22 not limited to contracts providing the consumer options to buy
2 23 the leased or rented personal property, lease=purchase
2 24 agreements, and rent=to=own contracts.
2 25 EXPLANATION
2 26 This bill provides for the criminal offense of theft of
2 27 personal property that is leased or rented. The bill provides
2 28 that failing to return or making acceptable arrangements to
2 29 return personal property within 10 days after expiration of
2 30 the lease or rental agreement is material evidence of intent
2 31 to deprive. The bill provides that the concealment, sale,
2 32 pawn, loan, abandonment, or giving away of the leased or
2 33 rented personal property is material evidence of intent to
2 34 deprive.
2 35 The bill provides that failing to return or making
3 1 acceptable arrangements to return a motor vehicle within 72
3 2 hours after expiration of a lease or rental agreement is
3 3 material evidence of intent to deprive unless the vehicle is
3 4 not timely returned due to a defect in the vehicle making the
3 5 vehicle inoperable if the lessee or renter gives notice of the
3 6 defect to the lessor or owner prior to the expiration of the
3 7 lease or rental agreement. Obtaining possession of personal
3 8 property by means of deception is evidence of intent to
3 9 deprive.
3 10 The owner of the personal property is deemed to be the
3 11 owner of property until the owner has endorsed the sale and
3 12 transfer of ownership or unless there has been a written
3 13 agreement to the contrary. The bill's provisions are intended
3 14 to apply to all forms of leasing and rental agreements
3 15 concerning personal property.
3 16 The penalties in Code section 714.2 apply to theft of
3 17 leased or rented personal property. Theft of property
3 18 exceeding $10,000 in value is a class "C" felony. Theft of
3 19 property exceeding $1,000 in value is a class "D" felony.
3 20 Theft of property exceeding $500 in value is an aggravated
3 21 misdemeanor. Theft of property exceeding $200 in value is a
3 22 serious misdemeanor. Theft of property with a value of $200
3 23 or less is a simple misdemeanor.
3 24 LSB 6170HV 80
3 25 kk/gg/14