As Passed by the Senate 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- SENATOR NEIN 11 _________________________________________________________________ 13 A B I L L To amend section 2913.41 of the Revised Code to 15 apply to the hiring or rental of any property or 16 equipment an existing list of activities that constitute in certain theft prosecutions 17 prima-facie evidence of a purpose to defraud. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19 Section 1. That section 2913.41 of the Revised Code be 21 amended to read as follows: 22 Sec. 2913.41. In a prosecution of a person for a theft 32 offense that alleges that the person, with purpose to defraud or 33 knowing that the person was facilitating a fraud, hired OR RENTED 34 an aircraft, motor vehicle, motorcycle, motorboat, sailboat, 36 camper, trailer, horse,orbuggy, or OTHER PROPERTY OR EQUIPMENT, 37 kept or operated any of the same that has been hired OR RENTED, 38 or engaged accommodations at a hotel, motel, inn, campground, or 40 other hostelry, it is prima-facie evidence of purpose to defraud 41 if the person did any of the following: 42 (A) Used deception to induce the rental agency to furnish 44 the person with the aircraft, motor vehicle, motorcycle, 45 motorboat, sailboat, camper, trailer, horse,orbuggy, OR OTHER 46 PROPERTY OR EQUIPMENT, or used deception to induce the hostelry 47 to furnish the person with accommodations; 48 (B) Hired OR RENTED any aircraft, motor vehicle, 50 motorcycle, motorboat, sailboat, camper, trailer, horse,or52 2 buggy, OR OTHER PROPERTY OR EQUIPMENT, or engaged accommodations, 53 knowing the person was without sufficient means to pay the hire 54 or rental; (C) Absconded without paying the hire or rental; 56 (D) Knowingly failed to pay the hire or rental as required 58 by the contract of hire or rental, without reasonable excuse for 59 such failure; (E) Knowingly failed to return hired OR RENTED property as 61 required by the contract of hire OR RENTAL, without reasonable 63 excuse for the failure. Section 2. That existing section 2913.41 of the Revised 65 Code is hereby repealed. 66