Senate File 361 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 1241)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the criminal offense of theft of leased or
2 rented personal property and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1059SV 81
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PAG LIN
1 1 Section 1. Section 714.1, subsection 2, Code 2005, 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 THEFT OF LEASED OR RENTED
1 17 PERSONAL PROPERTY == EVIDENCE.
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 one hundred
1 22 twenty hours after proper notice following expiration or
1 23 termination of the lease or rental agreement, or willfully
1 24 conceals the property from the lessor or owner, or sells,
1 25 pawns, loans, abandons, or gives away the leased or rented
1 26 property, is material evidence of intent to deprive the lessor
1 27 or owner of the use and possession of the personal property.
1 28 2. The fact that a person obtains possession of personal
1 29 property subject to a lease or rental agreement by means of
1 30 deception, including but not limited to furnishing a false
1 31 name, address, place of employment, or other identification to
1 32 the owner, is evidence that possession was obtained with
1 33 intent to deprive the lessor or owner of the use and
1 34 possession of the personal property.
1 35 3. Unless otherwise agreed to in writing, for the purpose
2 1 of determining whether a theft as described in this section
2 2 has occurred, personal property which is the subject of a
2 3 lease or rental agreement providing the option to buy the
2 4 personal property is owned by the owner until such time as the
2 5 owner endorses the sale and transfer of ownership of the
2 6 leased or rented property to the lessee or renter.
2 7 4. This section applies to all forms of leases and rental
2 8 agreements concerning personal property, including but not
2 9 limited to contracts providing the consumer options to buy the
2 10 leased or rented personal property, lease=purchase agreements,
2 11 and rent=to=own contracts.
2 12 5. For purposes of this section, "proper notice" means a
2 13 written confirmation of the expiration or termination of the
2 14 lease or rental agreement sent to the lessee or renter by
2 15 certified or restricted certified mail to the last known
2 16 address of the lessee or renter. The notice shall be
2 17 considered effective on the date of the mailing of the notice
2 18 regardless of whether or not the lessee or renter signs a
2 19 receipt for the notice.
2 20 EXPLANATION
2 21 This bill provides evidentiary rules for the criminal
2 22 offense of theft of personal property that is leased or
2 23 rented. The bill provides that willfully failing to return or
2 24 making acceptable arrangements to return personal property
2 25 within 120 hours after proper notice following expiration or
2 26 termination of the lease or rental agreement is material
2 27 evidence of intent to deprive of use and possessions. The
2 28 bill provides that the willful concealment, or the sale,
2 29 pawning, loan, abandonment, or giving away of the leased or
2 30 rented personal property is material evidence of intent to
2 31 deprive of use and possession. Obtaining possession of
2 32 personal property by means of deception is also made evidence
2 33 of intent to deprive of use and possession.
2 34 The owner of the personal property is deemed to be the
2 35 owner of property until the owner has endorsed the sale and
3 1 transfer of ownership or unless there has been a written
3 2 agreement to the contrary. The bill's provisions apply to all
3 3 forms of leases and rental agreements concerning personal
3 4 property. Proper notice is defined as written notice sent by
3 5 certified or restricted certified mail to the last known
3 6 address of the lessee or renter regardless of whether or not
3 7 the lessee or renter signs a receipt for the notice.
3 8 The penalties in Code section 714.2 apply to theft of
3 9 leased or rented personal property. Theft of property
3 10 exceeding $10,000 in value is a class "C" felony. Theft of
3 11 property exceeding $1,000 but not more than $10,000 in value
3 12 is a class "D" felony. Theft of property exceeding $500 but
3 13 not more than $1,000 in value is an aggravated misdemeanor.
3 14 Theft of property exceeding $200 but not more than $500 in
3 15 value is a serious misdemeanor. Theft of property with a
3 16 value of $200 or less is a simple misdemeanor.
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