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