BP BHEAD INT S [atlas:bill]

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 intentionally, fraudulently, or by false pretenses 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.

(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 personal 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 ten days after proper notice following the expiration of the rental agreement; and

(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.

(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;

(b) The renter failed to receive the owner's notice personally, due in no significant part to the fault of the renter; and

(c) The renter personally or through the renter's agent returned the personal property to the owner or the owner's agent within forty-eight hours of the commencement of the prosecution, together with any charges for the overdue period and the value of damages, if any, to the property.

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 wilfully and without reasonable cause fail to deliver leased personal property to the lessor within ten days 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.

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, 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)~~)), 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 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)) the person 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.