As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 263 5
1999-2000 6
REPRESENTATIVES CATES-ALLEN-BOYD-CLANCY-CORBIN-DePIERO- 8
KREBS-MAIER-OLMAN-PRINGLE-THOMAS-WINKLER-JOLIVETTE- 9
MEAD-ROMAN-GRENDELL-PERZ-CORE-VESPER 10
_________________________________________________________________ 11
A B I L L
To amend section 2913.72 of the Revised Code to 13
expand the activities that may be considered 14
evidence of an intent to commit theft of rented
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 2913.72 of the Revised Code be 18
amended to read as follows: 19
Sec. 2913.72. (A) Each of the following shall be 28
considered evidence of an intent to commit theft of rented 29
property:
(1) At the time of entering into the rental contract, the 31
rentee presented the renter with identification that was 32
materially false, fictitious, or not current with respect to 33
name, address, place of employment, or other relevant 34
information.
(2) THE RENTEE ABSCONDED WITH THE RENTED PROPERTY. 36
(3) THE RENTEE KNOWINGLY FAILED TO PAY THE RENTAL AS 38
REQUIRED BY A CONTRACT OF RENTAL WITHOUT REASONABLE EXCUSE FOR 39
SUCH FAILURE.
(4) After receiving a notice demanding the return of 42
rented property as provided in division (B) of this section, the
rentee neither returned the rented property nor made arrangements 43
acceptable with the renter to return the rented property. 44
(B) To establish that a rentee has an intent to commit 46
2
theft of rented property under division (A)(2)(4) of this 47
section, a renter may issue a notice to a rentee demanding the 48
return of rented property. The renter shall mail the notice by 49
certified mail, return receipt requested, to the rentee at the 50
address the rentee gave when the rental contract was executed, or 51
to the rentee at the last address the rentee or the rentee's 52
agent furnished in writing to the renter.
(C) A demand for the return of rented property is not a 54
prerequisite for the prosecution of a rentee for theft of rented 55
property. The evidence specified in division (A) of this section 56
does not constitute the only evidence that may be considered as 57
evidence of intent to commit theft of rented property. 58
(D) As used in this section: 60
(1) "Renter" means a person who owns rented property. 62
(2) "Rentee" means a person who pays consideration to a 64
renter for the use of rented property. 65
(3) "RENTAL" DOES NOT INCLUDE RENTAL PAYMENTS TO A 67
LANDLORD OR PARK OPERATOR BY A TENANT OR OWNER, PAYMENTS FOR THE 68
RENTAL OF REAL PROPERTY FOR RESIDENTIAL USE AND OCCUPANCY BY THE 69
OWNER OF A MANUFACTURED HOME OR THE OWNER OF A RECREATIONAL 70
VEHICLE, OR PAYMENTS UNDER A LEASE-PURCHASE AGREEMENT. 71
(4) "LANDLORD" HAS THE SAME MEANING AS IN SECTION 1923.01 73
OF THE REVISED CODE. 74
(5) "LEASE-PURCHASE AGREEMENT" HAS THE SAME MEANING AS IN 76
SECTION 1351.01 OF THE REVISED CODE. 77
(6) "MANUFACTURED HOME" AND "RECREATIONAL VEHICLE" HAVE 79
THE SAME MEANINGS AS IN SECTION 4501.01 OF THE REVISED CODE. 80
(7) "OWNER" AND "PARK OPERATOR" HAVE THE SAME MEANINGS AS 82
IN SECTION 3733.01 OF THE REVISED CODE. 83
(8) "TENANT" HAS THE SAME MEANING AS IN SECTION 1923.01 85
AND AS IN SECTION 3733.01 OF THE REVISED CODE. 86
Section 2. That existing section 2913.72 of the Revised 88
Code is hereby repealed. 89