S-2038.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5723

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Smith and Roach)

Read first time 02/24/95.

Failing to return leased or rented machinery, equipment, or motor vehicles.

     AN ACT Relating to criminal possession of leased or rented machinery, equipment, or motor vehicles; amending RCW 9A.56.095; and prescribing penalties.

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

     Sec. 1.  RCW 9A.56.095 and 1977 ex.s. c 236 s 1 are each amended to read as follows:

     (1) A person is guilty of criminal possession of leased or rented machinery, equipment, or a motor vehicle if the value thereof exceeds one thousand five hundred dollars and if he or she:

     (a) After renting machinery, equipment, or a motor vehicle under an agreement in writing which provides for the return of ((said)) the item to a particular place at a particular time, fails to return the item to ((said)) the place within the time specified, is thereafter served by ((registered or)) certified mail with return receipt addressed to him or her at ((his)) the last known place of residence or business with a written demand to return ((said)) the item within seventy-two hours from the time of the service of ((such)) the demand, and willfully neglects to return ((said)) the item to any place of business of the lessor within five full business days from the date of service of ((said notice)) the demand, and is fifteen full business days late in honoring the terms of the agreement; or

     (b) After leasing machinery, equipment, or a motor vehicle under an agreement in writing which provides for periodic rental or lease payments for a period greater than six months duration, fails to pay the lessor of ((said)) the item the periodic payments when due for a period of ninety days, is thereafter served by ((registered or)) certified mail with return receipt addressed to him or her at ((his)) the last known place of residence or business with a written demand to return the item to any place of business of the lessor within seventy-two hours from the time of the service of ((said)) the demand, and willfully neglects to return ((said)) the item to any place of business of the lessor within five full business days from the date of service of ((said notice)) the demand.

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

     (3) If the notice provisions of subsection (1)(a) of this section have been complied with and a rented motor vehicle is not returned to the owner within fifteen days of the date set by the terms of the rental agreement, it shall be considered a stolen vehicle by law enforcement officials.

(4) It shall be a defense for the lessor to any civil action arising out of or involving the arrest or detention of any person who rents or leases machinery, equipment, or a motor vehicle that ((he)) the lessee failed to return the item to any place of business of the lessor within five full business days after receiving written demand therefor.

     Criminal possession of leased or rented machinery, equipment, or a motor vehicle is a class C felony.

                                    --- END ---