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 5 kk/sh/8 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.Failure1 11 Except as provided in section 714.4A, failure by a baileeor 1 12 lesseeof personal property to return the property within 1 13 seventy=two hours after a time specified in a written 1 14 agreement oflease orbailment 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. 3 17 LSB 1059SV 81 3 18 kk:nh/sh/8