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.  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.
  3 17 LSB 1059SV 81
  3 18 kk:nh/sh/8