SF 403 — A bill for an act relating to the theft of equipment rental property, and making penalties applicable. (Formerly SSB 1127.) Effective 7-1-17.

Senate File 403 - IntroducedEnrolled SENATESenate FILEFile 403 BYAN COMMITTEEACT ONRELATING JUDICIARY (SUCCESSOR TO SSBTHE 1127)THEFT AOF BILLEQUIPMENT FORRENTAL AnPROPERTY, ActAND relatingMAKING toPENALTIES theAPPLICABLE. theft of equipment rental property, and making penalties applicable.

TLSBSection 2618SV1. (1) 87 gh/rn/nh S.F.

403 Section 1.

The fact that a person obtains possession of video rental property or equipment rental property by means of deception, including but not limited to furnishing a false name, address, orSenate otherFile identification403, top. the owner, is evidence that possession was obtained with intent to knowingly deprive the owner of the use and possession of the video rental property or equipment rental property .

2 or other identification to the owner, is evidence that possession was obtained with intent to knowingly deprive the owner of the use and possession of the video rental property or equipment rental property .

The fact that a person, having lawfully obtained possession of video rental property or equipment rental property,property , fails to pay the owner the fair market value of the video rental property or equipment rental property or to return or make arrangements acceptable to the owner to return the video rental property or equipment rental property to the owner within forty-eight hours after receipt of written notice and demand from the owner is evidence of an intent to knowingly deprive the owner of the use and possession of the video rental LSBproperty 2618SVor (1)equipment 87rental -1-property gh/rn/nh. 1/3 S.F.

403 property or equipment rental property.

EXPLANATION______________________________ the______________________________ explanation’sJACK substanceWHITVER byLINDA UPMEYER President of the membersSenate Speaker of the generalHouse assembly.hI Thishereby certify that this bill relatesoriginated toin the theftSenate ofand equipmentis rentalknown property.as Senate File 403, Eighty-seventh General Assembly.

Code______________________________ sectionW. 714.1(9) specifically includes the theft of video rental property in the definition of theft.

CodeCHARLES sectionSMITHSON 714.6ASecretary providesof further provisions about the crimeSenate ofApproved video_______________, rental2017 property______________________________ theft,TERRY includingE. provisions relating to evidence of intention and affirmative defenses.

TheBRANSTAD billGovernor amends Code sections 714.1(9) and 714.6A by specifically including equipment rental property in the definition of theft.

Therefore, a person commits theft when the person obtains the temporary use of equipment rental property with the intent to deprive the owner of the property without their consent, or lawfully obtains the temporary use of equipment rental property and fails to return the property by the agreed time with the intent to deprive the owner of the property without their consent.

The aggregate value of the property for purposes of determining the degree of theft committed is its original retail value.

The fact that a person obtains possession of the property by means of deception, as specified in the bill, is evidence of intent to deprive.

The fact that a person, having lawfully obtained possession of the property, fails to pay the owner its fair market LSB 2618SV (1) 87 -2- gh/rn/nh 2/3 S.F.

403 value or return the property within 48 hours after receipt of written notice and demand from the owner is evidence of intent to deprive.

It is an affirmative defense if a person in possession of the property pays the owner the fair market value or returns the property to the owner within 48 hours of arrest, as well as certain overdue charges.

A person who violates the bill is guilty of a class “C” felony if the value of the property is more than $10,000 or if the theft occurs under certain circumstances.

A person is guilty of a class “D” felony if the value of the property exceeds $1,000 but does not exceed $10,000.

A person commits an aggravated misdemeanor if the value of the property exceeds $500 but does not exceed $1,000 or if the person has twice before been convicted of theft and the value of the property is $500 or less.

A person commits a serious misdemeanor if the value of the property exceeds $200 but does not exceed $500.

A person commits a simple misdemeanor if the value of the property is $200 or less.

A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.

A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.

An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.

A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.

A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.

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