H-2444.4 _______________________________________________
SUBSTITUTE HOUSE BILL 2059
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives D. Schmidt, Grant, Thompson and Sheldon)
Read first time 03/05/97.
AN ACT Relating to theft of rental property; amending RCW 9.45.062 and 9A.56.095; 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 who in any wrongful manner with intent, knowledge, recklessness, or criminal negligence takes, carries, leads, drives away, destroys, sells, secretes, converts, withholds, or appropriates personal property of another that is rented to the person, is guilty of theft of rental property. Property rented under a lease-purchase agreement as defined under RCW 63.19.010 is covered by this section.
(2) The finder of fact may presume intent to commit theft of rental property if the finder of fact finds either or both of the following:
(a) That the person who rented the property of another failed to return or make arrangements acceptable to the owner of the property to return the property to the owner or the owner's agent within seventy-two hours after proper notice following the expiration of the rental agreement; or
(b) That the renter presented identification to the owner that was materially false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items.
(3) As used in subsection (2) of this section, "proper notice" consists of a written demand by the owner made after the expiration of the rental period, mailed by certified or registered mail to the renter at: (a) The address the renter gave when the renter made the rental contract; or (b) the renter's last known address if later furnished in writing by the renter or the renter's agent.
(4) The reasonable and fair market value of the property obtained must be utilized in determining the amount involved in the theft of rental property. Theft of rental property is a: Class B felony if the rental property is valued at one thousand five hundred dollars or more; class C felony if the rental property is valued at two hundred fifty dollars or more but less than one thousand five hundred dollars; and gross misdemeanor if the rental property is valued at less than two hundred fifty dollars.
(5) The following factors, if established by the renter by a preponderance of the evidence, constitute an affirmative defense to prosecution for theft of rental property:
(a) The renter accurately stated the renter's name, address, and other material items of identification at the time of the rental; and
(b) The renter failed to receive the owner's notice personally, due in no significant part to the fault of the renter.
(6) This section applies to rental agreements that provide that the renter may return the property any time within the rental period and pay only for the time the renter actually retained the property, in addition to any minimum rental fee. This section does not apply to rental of real property under the residential landlord-tenant act, chapter 59.18 RCW.
Sec. 2. RCW 9.45.062 and 1971 c 61 s 2 are each amended to read as follows:
Every
person being in possession thereof who shall willfully and without
reasonable cause fail to deliver leased personal property to the lessor within
((ten days)) seventy-two hours after written notice of the
expiration of the lease has been mailed to the lessee by registered or
certified mail with return receipt requested, mailed to the last known address
of the lessee, shall be guilty of a gross misdemeanor: PROVIDED, That there
shall be no prosecution under this section unless such lease is in writing, and
contains a warning that failure to promptly return the leased property may
result in a criminal prosecution, and the notice mailed pursuant to the
provisions of this section shall clearly state that the lessee may be guilty of
a crime upon his failure to return the property to the lessor within ((ten
days)) seventy-two hours.
In any prosecution under this section, any allegation containing a description of the lease by reference to the date thereof and names of the parties shall be sufficiently definite and certain.
((As
used in this section, the term "lease" shall also include rental
agreements.))
The provisions of this section shall be cumulative and nonexclusive and shall not affect any other criminal provision.
Sec. 3. 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, household goods, or a motor vehicle if ((the
value thereof exceeds one thousand five hundred dollars and if he:
(a)
After renting machinery, equipment or a motor vehicle under an agreement in
writing which provides for the return of said item to a particular place at a
particular time, fails to return the item to said place within the time
specified, is thereafter served by registered or certified mail addressed to
him at his last known place of residence or business with a written demand to
return said item within seventy-two hours from the time of the service of such
demand, and wilfully neglects to return said item to any place of business of
the lessor within five full business days from the date of service of said
notice; or
(b))) the
person, after leasing machinery, equipment, household goods, 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 item the periodic payments when due for a period of
ninety days, is thereafter served by registered or certified mail addressed to
((him)) the person at ((his)) the person's 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 demand and willfully neglects to return said item
to any place of business of the lessor ((within five full business days from
the date of service of said notice)).
(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) ((It shall be a defense 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 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)) Theft of
leased ((or rented)) machinery, equipment, household goods, or a
motor vehicle is a ((class C felony)): Class B felony if the leased
property is valued at one thousand five hundred dollars or more; class C felony
if the leased property is valued at two hundred fifty dollars or more but less
than one thousand five hundred dollars; and gross misdemeanor if the leased
property is valued at less than two hundred fifty dollars.
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