General Assembly: 81 (2005 Regular GA) - Chapter 84 - Theft — leased or rented personal property


Published: 2005-04-29

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243 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 84

Sec. 9. Section 558.70, subsection 4, Code 2005, is amended to read as follows: 4. This section applies to a contract seller who entered into four or more residential real es-

tate contracts in the three hundred sixty-five days previous to the contract seller signing the contract disclosure statement. For purposes of this subsection, two or more entities sharing a common owner or manager are considered a single contract seller. This section does not apply to an organization listed in section 535B.2, subsections 1 through 12 7.

Sec. 10. EFFECTIVE DATE. The provisions of this Act take effect July 1, 2006.

Approved April 29, 2005

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CH. 84CH. 84

CHAPTER 84

THEFT — LEASED OR RENTED PERSONAL PROPERTY

H.F. 745

ANACT relating to the criminal offenseof theft of leasedor rentedpersonal property andmak- ing penalties applicable.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 714.1, subsection 2, Code 2005, is amended to read as follows: 2. Misappropriates property which the person has in trust, or property of another which the

person has in the person’s possession or control, whether such possession or control is lawful or unlawful, by using or disposing of it in a manner which is inconsistent with or a denial of the trust or of the owner’s rights in such property, or conceals found property, or appropriates such property to the person’s own use, when the owner of such property is known to the per- son. a. Failure by a bailee or lessee of personal property to return the property within seventy-

two hours after a time specified in a written agreement of lease or bailment shall be evidence of misappropriation. b. If a time is not specified in the written agreement of lease or bailment for the expiration

or termination of the lease or bailment or for the return of the personal property, failure by a lessee or bailee to return the propertywithin five days after proper notice to the lessee or bailee shall be evidence of misappropriation. For the purposes of this paragraph, “proper notice” means awrittennotice of the expiration or termination of the lease or bailment agreement sent to the lessee or bailee by certified or restricted certifiedmail at the address of the lessee or bail- ee specified in the agreement. The notice shall be considered effective on the date of themail- ing of the notice regardless of whether or not the lessee or bailee signs a receipt for the notice.

Approved April 29, 2005