As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 263 5
1999-2000 6
REPRESENTATIVES CATES-ALLEN-BOYD-CLANCY-CORBIN-DePIERO- 8
KREBS-MAIER-OLMAN-PRINGLE-THOMAS-WINKLER 9
_________________________________________________________________ 10
A B I L L
To amend section 2913.72 of the Revised Code to 12
expand the activities that may be considered 13
evidence of an intent to commit theft of rented
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That section 2913.72 of the Revised Code be 17
amended to read as follows: 18
Sec. 2913.72. (A) Each of the following shall be 27
considered evidence of an intent to commit theft of rented 28
property:
(1) At the time of entering into the rental contract, the 30
rentee presented the renter with identification that was 31
materially false, fictitious, or not current with respect to 32
name, address, place of employment, or other relevant 33
information.
(2) THE RENTEE ABSCONDED WITHOUT PAYING THE RENTAL. 35
(3) THE RENTEE KNOWINGLY FAILED TO PAY THE RENTAL AS 37
REQUIRED BY A CONTRACT OF RENTAL. 38
(4) After receiving a notice demanding the return of 41
rented property as provided in division (B) of this section, the
rentee neither returned the rented property nor made arrangements 42
acceptable with the renter to return the rented property. 43
(B) To establish that a rentee has an intent to commit 45
theft of rented property under division (A)(2)(4) of this 46
section, a renter may issue a notice to a rentee demanding the 47
2
return of rented property. The renter shall mail the notice by 48
certified mail, return receipt requested, to the rentee at the 49
address the rentee gave when the rental contract was executed, or 50
to the rentee at the last address the rentee or the rentee's 51
agent furnished in writing to the renter.
(C) A demand for the return of rented property is not a 53
prerequisite for the prosecution of a rentee for theft of rented 54
property. The evidence specified in division (A) of this section 55
does not constitute the only evidence that may be considered as 56
evidence of intent to commit theft of rented property. 57
(D) As used in this section: 59
(1) "Renter" means a person who owns rented property. 61
(2) "Rentee" means a person who pays consideration to a 63
renter for the use of rented property. 64
(3) "RENTAL" DOES NOT INCLUDE RENTAL PAYMENTS TO A 66
LANDLORD OR PARK OPERATOR BY A TENANT OR OWNER, PAYMENTS FOR THE 67
RENTAL OF REAL PROPERTY FOR RESIDENTIAL USE AND OCCUPANCY BY THE 68
OWNER OF A MANUFACTURED HOME OR THE OWNER OF A RECREATIONAL 69
VEHICLE, OR PAYMENTS UNDER A LEASE-PURCHASE AGREEMENT. 70
(4) "LANDLORD" HAS THE SAME MEANING AS IN SECTION 1923.01 72
OF THE REVISED CODE. 73
(5) "LEASE-PURCHASE AGREEMENT" HAS THE SAME MEANING AS IN 75
SECTION 1351.01 OF THE REVISED CODE. 76
(6) "MANUFACTURED HOME" AND "RECREATIONAL VEHICLE" HAVE 78
THE SAME MEANINGS AS IN SECTION 4501.01 OF THE REVISED CODE. 79
(7) "OWNER" AND "PARK OPERATOR" HAVE THE SAME MEANINGS AS 81
IN SECTION 3733.01 OF THE REVISED CODE. 82
(8) "TENANT" HAS THE SAME MEANING AS IN SECTION 1923.01 84
AND AS IN SECTION 3733.01 OF THE REVISED CODE. 85
Section 2. That existing section 2913.72 of the Revised 87
Code is hereby repealed. 88