Senate Bill sb0158c2
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Florida Senate - 2006 CS for CS for SB 158
By the Committees on Commerce and Consumer Services;
Transportation; and Senators Lynn and Crist
577-2052-06
1 A bill to be entitled
2 An act relating to theft; amending s. 812.014,
3 F.S.; providing that the theft of property that
4 has been deployed by a law enforcement officer
5 is grand theft in the first degree; providing
6 criminal penalties; creating s. 812.0147, F.S.;
7 providing that it is a second-degree felony to
8 possess or use a fifth wheel to commit or
9 attempt to commit theft; providing criminal
10 penalties; amending s. 812.155, F.S.; deleting
11 a requirement to prove fraudulent intent in
12 prosecutions related to theft of personal
13 property or equipment; providing that failure
14 to return rental property within a specified
15 time is evidence of abandonment or refusal to
16 redeliver the property; deleting a provision
17 that certain actions constitute prima facie
18 evidence of fraudulent intent; deleting a
19 provision specifying that the prohibition
20 against obtaining personal property or
21 equipment with intent to defraud does not apply
22 to a rental-purchase agreement unless the
23 rental store retains title to the property or
24 equipment throughout the period of the
25 rental-purchase agreement; amending s.
26 921.0022, F.S.; classifying the offense of
27 stealing property deployed by a law enforcement
28 officer under the offense severity ranking
29 chart of the Criminal Punishment Code;
30 reenacting s. 985.227(1)(a), F.S., relating to
31 prosecution of juveniles as adults, in order to
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1 incorporate the amendment to s. 812.014, F.S.,
2 in a reference thereto; providing an effective
3 date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Paragraph (a) of subsection (2) of section
8 812.014, Florida Statutes, is amended to read:
9 812.014 Theft.--
10 (2)(a)1. If the property stolen is valued at $100,000
11 or more or is a semitrailer that was deployed by a law
12 enforcement officer; or
13 2. If the property stolen is cargo valued at $50,000
14 or more that has entered the stream of interstate or
15 intrastate commerce from the shipper's loading platform to the
16 consignee's receiving dock; or
17 3. If the offender commits any grand theft and:
18 a. In the course of committing the offense the
19 offender uses a motor vehicle as an instrumentality, other
20 than merely as a getaway vehicle, to assist in committing the
21 offense and thereby damages the real property of another; or
22 b. In the course of committing the offense the
23 offender causes damage to the real or personal property of
24 another in excess of $1,000,
25
26 the offender commits grand theft in the first degree,
27 punishable as a felony of the first degree, as provided in s.
28 775.082, s. 775.083, or s. 775.084.
29 Section 2. Section 812.0147, Florida Statutes, is
30 created to read:
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1 812.0147 Unlawful possession or use of a fifth
2 wheel.--
3 (1) A person may not modify, alter, attempt to alter,
4 and if altered, sell, possess, offer for sale, move, or cause
5 to be moved onto the highways of this state a device known as
6 a fifth wheel with the intent to use the fifth wheel to commit
7 or attempt to commit theft. As used in this section, the term
8 "fifth wheel" applies only to a fifth wheel on a commercial
9 motor vehicle.
10 (2) Any person who violates subsection (1) commits a
11 felony of the second degree, punishable as provided in s.
12 775.082, s. 775.083, or s. 775.084.
13 Section 3. Section 812.155, F.S., is amended to read:
14 812.155 Hiring, leasing, or obtaining personal
15 property or equipment with the intent to defraud; failing to
16 return hired or leased personal property or equipment; rules
17 of evidence.--
18 (1) OBTAINING BY TRICK, FALSE REPRESENTATION,
19 ETC.--Whoever, with the intent to defraud the owner or any
20 person lawfully possessing any personal property or equipment,
21 obtains the custody of such personal property or equipment by
22 trick, deceit, or fraudulent or willful false representation
23 shall be guilty of a misdemeanor of the second degree,
24 punishable as provided in s. 775.082 or s. 775.083, unless the
25 value of the personal property or equipment is of a value of
26 $300 or more; in that event the violation constitutes a felony
27 of the third degree, punishable as provided in s. 775.082, s.
28 775.083, or s. 775.084.
29 (2) HIRING OR LEASING WITH THE INTENT TO
30 DEFRAUD.--Whoever, with intent to defraud the owner or any
31 person lawfully possessing any personal property or equipment
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1 of the rental thereof, hires or leases the said personal
2 property or equipment from the such owner or the such owner's
3 agents or any person in lawful possession thereof shall, upon
4 conviction, be guilty of a misdemeanor of the second degree,
5 punishable as provided in s. 775.082 or s. 775.083, unless the
6 value of the personal property or equipment is of a value of
7 $300 or more; in that event the violation constitutes a felony
8 of the third degree, punishable as provided in s. 775.082, s.
9 775.083, or s. 775.084.
10 (3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL
11 PROPERTY.--Whoever, after hiring or leasing any personal
12 property or equipment under an agreement to redeliver the same
13 to the person letting such personal property or equipment or
14 his or her agent at the termination of the period for which it
15 was let, shall, without the consent of such person or persons
16 knowingly and with the intent to defraud, abandon or willfully
17 refuse to redeliver the such personal property or equipment as
18 agreed, shall, upon conviction, be guilty of a misdemeanor of
19 the second degree, punishable as provided in s. 775.082 or s.
20 775.083, unless the value of the personal property or
21 equipment is of a value of $300 or more; in that event the
22 violation constitutes a felony of the third degree, punishable
23 as provided in s. 775.082, s. 775.083, or s. 775.084.
24 (4) EVIDENCE OF FRAUDULENT INTENT.--
25 (a) In prosecutions under this section, obtaining the
26 property or equipment under false pretenses; absconding
27 without payment; or removing or attempting to remove the
28 property or equipment from the county without the express
29 written consent of the lessor, is prima facie evidence of
30 fraudulent intent.
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1 (b) In a prosecution under subsection (3), failure to
2 redeliver the property or equipment within 5 days after
3 receipt of, or within 5 days after return receipt from, the
4 certified mailing of the demand for return is prima facie
5 evidence of abandonment or refusal to redeliver the property
6 fraudulent intent. Notice mailed by certified mail, return
7 receipt requested, to the address given by the renter at the
8 time of rental shall be deemed sufficient and equivalent to
9 notice having been received by the renter, should the notice
10 be returned undelivered.
11 (c) In a prosecution under subsection (3), failure to
12 pay any amount due which is incurred as the result of the
13 failure to redeliver property after the rental period expires,
14 and after the demand for return is made, is prima facie
15 evidence of abandonment or refusal to redeliver the property
16 fraudulent intent. Amounts due include unpaid rental for the
17 time period during which the property or equipment was not
18 returned and include the lesser of the cost of repairing or
19 replacing the property or equipment if it has been damaged.
20 (5) DEMAND FOR RETURN.--Demand for return of overdue
21 property or equipment and for payment of amounts due may be
22 made in person, by hand delivery, or by certified mail, return
23 receipt requested, addressed to the lessee's address shown in
24 the rental contract.
25 (6) NOTICE REQUIRED.--As a prerequisite to prosecution
26 under this section, the following statement must be contained
27 in the agreement under which the owner or person lawfully
28 possessing the property or equipment has relinquished its
29 custody, or in an addendum to that agreement, and the
30 statement must be initialed by the person hiring or leasing
31 the rental property or equipment:
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1
2 Failure to return rental property or equipment
3 upon expiration of the rental period and
4 failure to pay all amounts due (including costs
5 for damage to the property or equipment) are
6 prima facie evidence of abandonment or refusal
7 to redeliver the property intent to defraud,
8 punishable in accordance with section 812.155,
9 Florida Statutes.
10
11 (7) EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This
12 section does not apply to personal property or equipment that
13 is the subject of a rental-purchase agreement that permits the
14 lessee to acquire ownership of the personal property or
15 equipment unless the rental store retains title to the
16 personal property or equipment throughout the rental-purchase
17 agreement period.
18 Section 4. Paragraph (g) of subsection (3) of section
19 921.0022, Florida Statutes, is amended to read:
20 921.0022 Criminal Punishment Code; offense severity
21 ranking chart.--
22 (3) OFFENSE SEVERITY RANKING CHART
23
24 Florida Felony
25 Statute Degree Description
26
27
28 (g) LEVEL 7
29 316.027(1)(b) 2nd Accident involving death, failure
30 to stop; leaving scene.
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1 316.193(3)(c)2. 3rd DUI resulting in serious bodily
2 injury.
3 316.1935(3)(b) 1st Causing serious bodily injury or
4 death to another person; driving
5 at high speed or with wanton
6 disregard for safety while
7 fleeing or attempting to elude
8 law enforcement officer who is in
9 a patrol vehicle with siren and
10 lights activated.
11 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
12 bodily injury.
13 402.319(2) 2nd Misrepresentation and negligence
14 or intentional act resulting in
15 great bodily harm, permanent
16 disfiguration, permanent
17 disability, or death.
18 409.920(2) 3rd Medicaid provider fraud.
19 456.065(2) 3rd Practicing a health care
20 profession without a license.
21 456.065(2) 2nd Practicing a health care
22 profession without a license
23 which results in serious bodily
24 injury.
25 458.327(1) 3rd Practicing medicine without a
26 license.
27 459.013(1) 3rd Practicing osteopathic medicine
28 without a license.
29 460.411(1) 3rd Practicing chiropractic medicine
30 without a license.
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1 461.012(1) 3rd Practicing podiatric medicine
2 without a license.
3 462.17 3rd Practicing naturopathy without a
4 license.
5 463.015(1) 3rd Practicing optometry without a
6 license.
7 464.016(1) 3rd Practicing nursing without a
8 license.
9 465.015(2) 3rd Practicing pharmacy without a
10 license.
11 466.026(1) 3rd Practicing dentistry or dental
12 hygiene without a license.
13 467.201 3rd Practicing midwifery without a
14 license.
15 468.366 3rd Delivering respiratory care
16 services without a license.
17 483.828(1) 3rd Practicing as clinical laboratory
18 personnel without a license.
19 483.901(9) 3rd Practicing medical physics
20 without a license.
21 484.013(1)(c) 3rd Preparing or dispensing optical
22 devices without a prescription.
23 484.053 3rd Dispensing hearing aids without a
24 license.
25 494.0018(2) 1st Conviction of any violation of
26 ss. 494.001-494.0077 in which the
27 total money and property
28 unlawfully obtained exceeded
29 $50,000 and there were five or
30 more victims.
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1 560.123(8)(b)1. 3rd Failure to report currency or
2 payment instruments exceeding
3 $300 but less than $20,000 by
4 money transmitter.
5 560.125(5)(a) 3rd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments exceeding
8 $300 but less than $20,000.
9 655.50(10)(b)1. 3rd Failure to report financial
10 transactions exceeding $300 but
11 less than $20,000 by financial
12 institution.
13 775.21(10)(a) 3rd Sexual predator; failure to
14 register; failure to renew
15 driver's license or
16 identification card; other
17 registration violations.
18 775.21(10)(b) 3rd Sexual predator working where
19 children regularly congregate.
20 775.21(10)(g) 3rd Failure to report or providing
21 false information about a sexual
22 predator; harbor or conceal a
23 sexual predator.
24 782.051(3) 2nd Attempted felony murder of a
25 person by a person other than the
26 perpetrator or the perpetrator of
27 an attempted felony.
28 782.07(1) 2nd Killing of a human being by the
29 act, procurement, or culpable
30 negligence of another
31 (manslaughter).
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1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.048(7) 3rd Aggravated stalking; violation of
19 court order.
20 784.07(2)(d) 1st Aggravated battery on law
21 enforcement officer.
22 784.074(1)(a) 1st Aggravated battery on sexually
23 violent predators facility staff.
24 784.08(2)(a) 1st Aggravated battery on a person 65
25 years of age or older.
26 784.081(1) 1st Aggravated battery on specified
27 official or employee.
28 784.082(1) 1st Aggravated battery by detained
29 person on visitor or other
30 detainee.
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1 784.083(1) 1st Aggravated battery on code
2 inspector.
3 790.07(4) 1st Specified weapons violation
4 subsequent to previous conviction
5 of s. 790.07(1) or (2).
6 790.16(1) 1st Discharge of a machine gun under
7 specified circumstances.
8 790.165(2) 2nd Manufacture, sell, possess, or
9 deliver hoax bomb.
10 790.165(3) 2nd Possessing, displaying, or
11 threatening to use any hoax bomb
12 while committing or attempting to
13 commit a felony.
14 790.166(3) 2nd Possessing, selling, using, or
15 attempting to use a hoax weapon
16 of mass destruction.
17 790.166(4) 2nd Possessing, displaying, or
18 threatening to use a hoax weapon
19 of mass destruction while
20 committing or attempting to
21 commit a felony.
22 796.03 2nd Procuring any person under 16
23 years for prostitution.
24 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
25 victim less than 12 years of age;
26 offender less than 18 years.
27 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
28 victim 12 years of age or older
29 but less than 16 years; offender
30 18 years or older.
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1 806.01(2) 2nd Maliciously damage structure by
2 fire or explosive.
3 810.02(3)(a) 2nd Burglary of occupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
6 unarmed; no assault or battery.
7 810.02(3)(d) 2nd Burglary of occupied conveyance;
8 unarmed; no assault or battery.
9 812.014(2)(a)1. 1st Property stolen, valued at
10 $100,000 or more or a semitrailer
11 deployed by a law enforcement
12 officer; property stolen while
13 causing other property damage;
14 1st degree grand theft.
15 812.014(2)(b)2. 2nd Property stolen, cargo valued at
16 less than $50,000, grand theft in
17 2nd degree.
18 812.014(2)(b)3. 2nd Property stolen, emergency
19 medical equipment; 2nd degree
20 grand theft.
21 812.0145(2)(a) 1st Theft from person 65 years of age
22 or older; $50,000 or more.
23 812.019(2) 1st Stolen property; initiates,
24 organizes, plans, etc., the theft
25 of property and traffics in
26 stolen property.
27 812.131(2)(a) 2nd Robbery by sudden snatching.
28 812.133(2)(b) 1st Carjacking; no firearm, deadly
29 weapon, or other weapon.
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1 817.234(8)(a) 2nd Solicitation of motor vehicle
2 accident victims with intent to
3 defraud.
4 817.234(9) 2nd Organizing, planning, or
5 participating in an intentional
6 motor vehicle collision.
7 817.234(11)(c) 1st Insurance fraud; property value
8 $100,000 or more.
9 817.2341(2)(b)&
10 (3)(b) 1st Making false entries of material
11 fact or false statements
12 regarding property values
13 relating to the solvency of an
14 insuring entity which are a
15 significant cause of the
16 insolvency of that entity.
17 825.102(3)(b) 2nd Neglecting an elderly person or
18 disabled adult causing great
19 bodily harm, disability, or
20 disfigurement.
21 825.103(2)(b) 2nd Exploiting an elderly person or
22 disabled adult and property is
23 valued at $20,000 or more, but
24 less than $100,000.
25 827.03(3)(b) 2nd Neglect of a child causing great
26 bodily harm, disability, or
27 disfigurement.
28 827.04(3) 3rd Impregnation of a child under 16
29 years of age by person 21 years
30 of age or older.
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1 837.05(2) 3rd Giving false information about
2 alleged capital felony to a law
3 enforcement officer.
4 838.015 2nd Bribery.
5 838.016 2nd Unlawful compensation or reward
6 for official behavior.
7 838.021(3)(a) 2nd Unlawful harm to a public
8 servant.
9 838.22 2nd Bid tampering.
10 847.0135(3) 3rd Solicitation of a child, via a
11 computer service, to commit an
12 unlawful sex act.
13 872.06 2nd Abuse of a dead human body.
14 893.13(1)(c)1. 1st Sell, manufacture, or deliver
15 cocaine (or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4.) within 1,000 feet of a
19 child care facility, school, or
20 state, county, or municipal park
21 or publicly owned recreational
22 facility or community center.
23 893.13(1)(e)1. 1st Sell, manufacture, or deliver
24 cocaine or other drug prohibited
25 under s. 893.03(1)(a), (1)(b),
26 (1)(d), (2)(a), (2)(b), or
27 (2)(c)4., within 1,000 feet of
28 property used for religious
29 services or a specified business
30 site.
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1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), (2)(b), or
4 (2)(c)4. drugs).
5 893.135(1)(a)1. 1st Trafficking in cannabis, more
6 than 25 lbs., less than 2,000
7 lbs.
8 893.135
9 (1)(b)1.a. 1st Trafficking in cocaine, more than
10 28 grams, less than 200 grams.
11 893.135
12 (1)(c)1.a. 1st Trafficking in illegal drugs,
13 more than 4 grams, less than 14
14 grams.
15 893.135
16 (1)(d)1. 1st Trafficking in phencyclidine,
17 more than 28 grams, less than 200
18 grams.
19 893.135(1)(e)1. 1st Trafficking in methaqualone, more
20 than 200 grams, less than 5
21 kilograms.
22 893.135(1)(f)1. 1st Trafficking in amphetamine, more
23 than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
27 grams or more, less than 14
28 grams.
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1 893.135
2 (1)(h)1.a. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 1 kilogram or more, less than 5
5 kilograms.
6 893.135
7 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
8 kilogram or more, less than 5
9 kilograms.
10 893.135
11 (1)(k)2.a. 1st Trafficking in Phenethylamines,
12 10 grams or more, less than 200
13 grams.
14 896.101(5)(a) 3rd Money laundering, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 896.104(4)(a)1. 3rd Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions exceeding $300 but
21 less than $20,000.
22 943.0435(4)(c) 2nd Sexual offender vacating
23 permanent residence; failure to
24 comply with reporting
25 requirements.
26 943.0435(8) 2nd Sexual offender; remains in state
27 after indicating intent to leave;
28 failure to comply with reporting
29 requirements.
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1 943.0435(9)(a) 3rd Sexual offender; failure to
2 comply with reporting
3 requirements.
4 943.0435(13) 3rd Failure to report or providing
5 false information about a sexual
6 offender; harbor or conceal a
7 sexual offender.
8 943.0435(14) 3rd Sexual offender; failure to
9 report and reregister; failure to
10 respond to address verification.
11 944.607(9) 3rd Sexual offender; failure to
12 comply with reporting
13 requirements.
14 944.607(10)(a) 3rd Sexual offender; failure to
15 submit to the taking of a
16 digitized photograph.
17 944.607(12) 3rd Failure to report or providing
18 false information about a sexual
19 offender; harbor or conceal a
20 sexual offender.
21 944.607(13) 3rd Sexual offender; failure to
22 report and reregister; failure to
23 respond to address verification.
24 Section 5. For the purpose of incorporating the
25 amendment made by this act to section 812.014, Florida
26 Statutes, in a reference thereto, paragraph (a) of subsection
27 (1) of section 985.227, Florida Statutes, is reenacted to
28 read:
29 985.227 Prosecution of juveniles as adults by the
30 direct filing of an information in the criminal division of
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1 the circuit court; discretionary criteria; mandatory
2 criteria.--
3 (1) DISCRETIONARY DIRECT FILE; CRITERIA.--
4 (a) With respect to any child who was 14 or 15 years
5 of age at the time the alleged offense was committed, the
6 state attorney may file an information when in the state
7 attorney's judgment and discretion the public interest
8 requires that adult sanctions be considered or imposed and
9 when the offense charged is for the commission of, attempt to
10 commit, or conspiracy to commit:
11 1. Arson;
12 2. Sexual battery;
13 3. Robbery;
14 4. Kidnapping;
15 5. Aggravated child abuse;
16 6. Aggravated assault;
17 7. Aggravated stalking;
18 8. Murder;
19 9. Manslaughter;
20 10. Unlawful throwing, placing, or discharging of a
21 destructive device or bomb;
22 11. Armed burglary in violation of s. 810.02(2)(b) or
23 specified burglary of a dwelling or structure in violation of
24 s. 810.02(2)(c), or burglary with an assault or battery in
25 violation of s. 810.02(2)(a);
26 12. Aggravated battery;
27 13. Any lewd or lascivious offense committed upon or
28 in the presence of a person less than 16 years of age;
29 14. Carrying, displaying, using, threatening, or
30 attempting to use a weapon or firearm during the commission of
31 a felony;
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1 15. Grand theft in violation of s. 812.014(2)(a);
2 16. Possessing or discharging any weapon or firearm on
3 school property in violation of s. 790.115;
4 17. Home invasion robbery;
5 18. Carjacking; or
6 19. Grand theft of a motor vehicle in violation of s.
7 812.014(2)(c)6. or grand theft of a motor vehicle valued at
8 $20,000 or more in violation of s. 812.014(2)(b) if the child
9 has a previous adjudication for grand theft of a motor vehicle
10 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
11 Section 6. This act shall take effect July 1, 2006.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 CS/SB 158
15
16 This committee substitute differs from the bill as filed in
the following manner:
17
- Amends s 812.155, F.S., to eliminate the necessity to
18 prove fraudulent intent to obtain a conviction where a
lessee of rental property or equipment fails to redeliver
19 that property or equipment after receiving a demand for
its return; and
20
- Eliminates the prima facie evidence of fraudulent intent
21 inference that may be drawn from the failure to redeliver
property after a demand for return has been made.
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