Senate Study Bill 1127 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the theft of equipment rental property, and 1 making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2618XC (1) 87 gh/rn/nh

S.F. _____ Section 1. Section 714.1, subsection 9, Code 2017, is 1 amended to read as follows: 2 9. a. Obtains the temporary use of video rental property 3 or equipment rental property with the intent to deprive the 4 owner of the use and possession of the video rental property or 5 equipment rental property without the consent of the owner. 6 b. Lawfully obtains the temporary use of video rental 7 property or equipment rental property and fails to return the 8 video rental property or equipment rental property by the 9 agreed time with the intent to deprive the owner of the use and 10 possession of the video rental property or equipment rental 11 property without the consent of the owner. The aggregate value 12 of the video rental property or equipment rental property 13 involved shall be the original retail value of the video rental 14 property or equipment rental property . 15 Sec. 2. Section 714.6A, Code 2017, is amended to read as 16 follows: 17 714.6A Video or equipment rental property theft —— evidence 18 of intention —— affirmative defense. 19 1. The fact that a person obtains possession of video rental 20 property or equipment rental property by means of deception, 21 including but not limited to furnishing a false name, address, 22 or other identification to the owner, is evidence that 23 possession was obtained with intent to knowingly deprive the 24 owner of the use and possession of the video rental property 25 or equipment rental property . 26 2. The fact that a person, having lawfully obtained 27 possession of video rental property or equipment rental 28 property , fails to pay the owner the fair market value of the 29 video rental property or equipment rental property or to return 30 or make arrangements acceptable to the owner to return the 31 video rental property or equipment rental property to the owner 32 within forty-eight hours after receipt of written notice and 33 demand from the owner is evidence of an intent to knowingly 34 deprive the owner of the use and possession of the video rental 35 -1- LSB 2618XC (1) 87 gh/rn/nh 1/ 3

S.F. _____ property or equipment rental property . 1 3. It shall be an affirmative defense to a prosecution under 2 section 714.1, subsection 9 , paragraph “a” , if the defendant 3 in possession of video rental property or equipment rental 4 property pays the owner the fair market value of the video 5 rental property or equipment rental property or returns the 6 property to the owner within forty-eight hours of arrest, 7 together with any standard overdue charges for the period that 8 the owner was unlawfully deprived of possession, but not to 9 exceed one hundred twenty days, and the value of the damage to 10 the property, if any. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to the theft of equipment rental property. 15 Code section 714.1(9) specifically includes the theft 16 of video rental property in the definition of theft. Code 17 section 714.6A provides further provisions about the crime of 18 video rental property theft, including provisions relating to 19 evidence of intention and affirmative defenses. 20 The bill amends Code sections 714.1(9) and 714.6A by 21 specifically including equipment rental property in the 22 definition of theft. Therefore, a person commits theft when 23 the person obtains the temporary use of equipment rental 24 property with the intent to deprive the owner of the property 25 without their consent, or lawfully obtains the temporary use 26 of equipment rental property and fails to return the property 27 by the agreed time with the intent to deprive the owner of 28 the property without their consent. The aggregate value of 29 the property for purposes of determining the degree of theft 30 committed is its original retail value. The fact that a person 31 obtains possession of the property by means of deception, 32 as specified in the bill, is evidence of intent to deprive. 33 The fact that a person, having lawfully obtained possession 34 of the property, fails to pay the owner its fair market 35 -2- LSB 2618XC (1) 87 gh/rn/nh 2/ 3

S.F. _____ value or return the property within 48 hours after receipt 1 of written notice and demand from the owner is evidence of 2 intent to deprive. It is an affirmative defense if a person in 3 possession of the property pays the owner the fair market value 4 or returns the property to the owner within 48 hours of arrest, 5 as well as certain overdue charges. 6 A person who violates the bill is guilty of a class “C” 7 felony if the value of the property is more than $10,000 or 8 if the theft occurs under certain circumstances. A person 9 is guilty of a class “D” felony if the value of the property 10 exceeds $1,000 but does not exceed $10,000. A person commits 11 an aggravated misdemeanor if the value of the property exceeds 12 $500 but does not exceed $1,000 or if the person has twice 13 before been convicted of theft and the value of the property 14 is $500 or less. A person commits a serious misdemeanor if 15 the value of the property exceeds $200 but does not exceed 16 $500. A person commits a simple misdemeanor if the value of 17 the property is $200 or less. 18 A class “C” felony is punishable by confinement for no more 19 than 10 years and a fine of at least $1,000 but not more than 20 $10,000. A class “D” felony is punishable by confinement for 21 no more than five years and a fine of at least $750 but not 22 more than $7,500. An aggravated misdemeanor is punishable 23 by confinement for no more than two years and a fine of at 24 least $625 but not more than $6,250. A serious misdemeanor 25 is punishable by confinement for no more than one year and 26 a fine of at least $315 but not more than $1,875. A simple 27 misdemeanor is punishable by confinement for no more than 30 28 days or a fine of at least $65 but not more than $625 or by 29 both. 30 -3- LSB 2618XC (1) 87 gh/rn/nh 3/ 3