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