S-3932               _______________________________________________

                                                   SENATE BILL NO. 6656

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senator Pullen

Read first time 1/29/88 and referred to Committee on Law & Justice.

AN ACT Relating to motor vehicle crimes; adding a new section to chapter 9A.56 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.56 RCW to read as follows:

          (1) A person is guilty of criminal possession of a motor vehicle that is offered for sale if the value of the motor vehicle exceeds one thousand five hundred dollars and if the person, after signing an agreement that provides for the return of the vehicle to a particular place at a particular time, fails to return the vehicle to the place within the time specified, is thereafter served by registered or certified mail addressed to him or her at his or her last known place of residence or business with a written demand to return the vehicle within seventy-two hours from the time of the service of the demand, and wilfully neglects to return the vehicle to any place of business of the owner within five  full business days from the date of service of notice.  The agreement shall state that failure to return the vehicle within the specified time may result in criminal prosecution.

          (2) "Wilfully neglects" as used in this section means omits, fails, or forbears with intent to deprive the owner of or exert unauthorized control over the motor vehicle, and specifically excludes the failure to return the motor vehicle because of a bona fide contract dispute with the owner.

          (3) It shall be a defense to any civil action arising out of or involving the arrest or detention of any person who possesses or leases a motor vehicle as described in subsection (1) of this section that he or she failed to return the item to any place of business of the owner or lessor within five full business days after receiving written demand therefor.

          Criminal possession of a motor vehicle offered for sale is a class C felony.