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, or buggy, 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, or buggy, 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, or        50           

                                                          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