Bill Text: IA SF403 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the theft of equipment rental property, and making penalties applicable. (Formerly SSB 1127.) Effective 7-1-17.

Sponsorship: Committee Bill

Status: (Passed) 2017-04-21 - Signed by Governor. S.J. 1125. [SF403 Detail]

Download: Iowa-2017-SF403-Enrolled.html

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Senate File 403 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO SSB
                                  1127)
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                                   A BILL FOR
 \1
                                        Senate File 403

                             AN ACT
 RELATING TO THE THEFT OF EQUIPMENT RENTAL PROPERTY, AND
    MAKING PENALTIES APPLICABLE.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 714.1, subsection 9, Code 2017, is
 amended to read as follows:
    9.  a.  Obtains the temporary use of video rental property
 or equipment rental property with the intent to deprive the
 owner of the use and possession of the video rental property or
 equipment rental property without the consent of the owner.
    b.  Lawfully obtains the temporary use of video rental
 property or equipment rental property and fails to return the
 video rental property or equipment rental property by the
 agreed time with the intent to deprive the owner of the use and
 possession of the video rental property or equipment rental
 property without the consent of the owner. The aggregate value
 of the video rental property or equipment rental property
  involved shall be the original retail value of the video rental
 property or equipment rental property.
    Sec. 2.  Section 714.6A, Code 2017, is amended to read as
 follows:
    714.6A  Video or equipment rental property theft ==== evidence
 of intention ==== affirmative defense.
    1.  The fact that a person obtains possession of video rental
 property or equipment rental property by means of deception,
 including but not limited to furnishing a false name, address,
 or other identification to the owner, is evidence that
 possession was obtained with intent to knowingly deprive the
 owner of the use and possession of the video rental property
 or equipment rental property.
    2.  The fact that a person, having lawfully obtained
 possession of video rental property or equipment rental
 property, fails to pay the owner the fair market value of the
 video rental property or equipment rental property or to return
 or make arrangements acceptable to the owner to return the
 video rental property or equipment rental property to the owner
 within forty=eight hours after receipt of written notice and
 demand from the owner is evidence of an intent to knowingly
 deprive the owner of the use and possession of the video rental
 property or equipment rental property.
    3.  It shall be an affirmative defense to a prosecution under
 section 714.1, subsection 9, paragraph "a", if the defendant
 in possession of video rental property or equipment rental
 property pays the owner the fair market value of the video
 rental property or equipment rental property or returns the
 property to the owner within forty=eight hours of arrest,
 together with any standard overdue charges for the period that
 the owner was unlawfully deprived of possession, but not to
 exceed one hundred twenty days, and the value of the damage to
 the property, if any.


                                                                                            JACK WHITVER


                                                                                            LINDA UPMEYER


                                                                                            W. CHARLES SMITH


                                                                                            TERRY E. BRANSTA

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