1869 AMS LAW S5407.1
HB 1869 - S COMM AMD
By Committee on Law & Justice
Strike everything after the enacting clause and insert the following:
"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 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
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; 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 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))
the 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) 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."
HB 1869 - S COMM AMD
By Committee on Law & Justice
On page 1, line 2 of the title, after "vehicles;" strike the remainder of the title and insert "amending RCW 9A.56.095; and prescribing penalties."
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