130th Ohio General Assembly
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As Reported by House Criminal Justice Committee

123rd General Assembly
Regular Session
1999-2000
Sub. H. B. No. 263

REPRESENTATIVES CATES-ALLEN-BOYD-CLANCY-CORBIN-DePIERO- KREBS-MAIER-OLMAN-PRINGLE-THOMAS-WINKLER


A BILL
To amend section 2913.72 of the Revised Code to expand the activities that may be considered evidence of an intent to commit theft of rented property.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:


Section 1. That section 2913.72 of the Revised Code be amended to read as follows:

Sec. 2913.72. (A) Each of the following shall be considered evidence of an intent to commit theft of rented property:

(1) At the time of entering into the rental contract, the rentee presented the renter with identification that was materially false, fictitious, or not current with respect to name, address, place of employment, or other relevant information.

(2) THE RENTEE ABSCONDED WITHOUT PAYING THE RENTAL.

(3) THE RENTEE KNOWINGLY FAILED TO PAY THE RENTAL AS REQUIRED BY A CONTRACT OF RENTAL.

(4) After receiving a notice demanding the return of rented property as provided in division (B) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.

(B) To establish that a rentee has an intent to commit theft of rented property under division (A)(2)(4) of this section, a renter may issue a notice to a rentee demanding the return of rented property. The renter shall mail the notice by certified mail, return receipt requested, to the rentee at the address the rentee gave when the rental contract was executed, or to the rentee at the last address the rentee or the rentee's agent furnished in writing to the renter.

(C) A demand for the return of rented property is not a prerequisite for the prosecution of a rentee for theft of rented property. The evidence specified in division (A) of this section does not constitute the only evidence that may be considered as evidence of intent to commit theft of rented property.

(D) As used in this section:

(1) "Renter" means a person who owns rented property.

(2) "Rentee" means a person who pays consideration to a renter for the use of rented property.

(3) "RENTAL" DOES NOT INCLUDE RENTAL PAYMENTS TO A LANDLORD OR PARK OPERATOR BY A TENANT OR OWNER, PAYMENTS FOR THE RENTAL OF REAL PROPERTY FOR RESIDENTIAL USE AND OCCUPANCY BY THE OWNER OF A MANUFACTURED HOME OR THE OWNER OF A RECREATIONAL VEHICLE, OR PAYMENTS UNDER A LEASE-PURCHASE AGREEMENT.

(4) "LANDLORD" HAS THE SAME MEANING AS IN SECTION 1923.01 OF THE REVISED CODE.

(5) "LEASE-PURCHASE AGREEMENT" HAS THE SAME MEANING AS IN SECTION 1351.01 OF THE REVISED CODE.

(6) "MANUFACTURED HOME" AND "RECREATIONAL VEHICLE" HAVE THE SAME MEANINGS AS IN SECTION 4501.01 OF THE REVISED CODE.

(7) "OWNER" AND "PARK OPERATOR" HAVE THE SAME MEANINGS AS IN SECTION 3733.01 OF THE REVISED CODE.

(8) "TENANT" HAS THE SAME MEANING AS IN SECTION 1923.01 AND AS IN SECTION 3733.01 OF THE REVISED CODE.


Section 2. That existing section 2913.72 of the Revised Code is hereby repealed.
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