As Reported by the Senate Judiciary 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-JOLIVETTE- 9 MEAD-ROMAN-GRENDELL-PERZ-CORE-VESPER 10 _________________________________________________________________ 11 A B I L L To amend section 2913.41 of the Revised Code to 13 apply to the hiring or rental of any property or 14 equipment an existing list of activities that constitute in certain theft prosecutions 15 prima-facie evidence of a purpose to defraud. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17 Section 1. That section 2913.41 of the Revised Code be 19 amended to read as follows: 20 Sec. 2913.41. In a prosecution of a person for a theft 30 offense that alleges that the person, with purpose to defraud or 31 knowing that the person was facilitating a fraud, hired OR RENTED 32 an aircraft, motor vehicle, motorcycle, motorboat, sailboat, 34 camper, trailer, horse,orbuggy, or OTHER PROPERTY OR EQUIPMENT, 35 kept or operated any of the same that has been hired OR RENTED, 36 or engaged accommodations at a hotel, motel, inn, campground, or 38 other hostelry, it is prima-facie evidence of purpose to defraud 39 if the person did any of the following: 40 (A) Used deception to induce the rental agency to furnish 42 the person with the aircraft, motor vehicle, motorcycle, 43 motorboat, sailboat, camper, trailer, horse,orbuggy, OR OTHER 44 PROPERTY OR EQUIPMENT, or used deception to induce the hostelry 45 to furnish the person with accommodations; 46 (B) Hired OR RENTED any aircraft, motor vehicle, 48 motorcycle, motorboat, sailboat, camper, trailer, horse,or50 2 buggy, OR OTHER PROPERTY OR EQUIPMENT, or engaged accommodations, 51 knowing the person was without sufficient means to pay the hire 52 or rental; (C) Absconded without paying the hire or rental; 54 (D) Knowingly failed to pay the hire or rental as required 56 by the contract of hire or rental, without reasonable excuse for 57 such failure; (E) Knowingly failed to return hired OR RENTED property as 59 required by the contract of hire OR RENTAL, without reasonable 61 excuse for the failure. Section 2. That existing section 2913.41 of the Revised 63 Code is hereby repealed. 64