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REFERENCE TITLE: theft; rented property; defense |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1518 |
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Introduced by Senator Quezada: Representative Andrade
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AN ACT
amending section 13‑1806, Arizona Revised Statutes; relating to theft.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1806, Arizona Revised Statutes, is amended to read:
13-1806. Unlawful failure to return rented or leased property; notice; classification
A. A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of the property, the person knowingly fails without good cause to return the property within seventy‑two hours after the time provided for return in the rental agreement.
B. If the property is not leased on a periodic tenancy basis, the person who rents out the property shall include the following information, clearly written as part of the terms of the rental agreement:
1. The date and time the property is required to be returned.
2. The maximum penalties if the property is not returned within seventy‑two hours of the date and time listed in paragraph 1 of this subsection.
C. If the property is leased on a periodic tenancy basis without a fixed expiration or return date the lessor shall include within the lease clear written notice that the lessee is required to return the property within seventy‑two hours from the date and time of the failure to pay any periodic lease payment required by the lease.
D. It is a defense to prosecution under this section that either:
1. The defendant was physically incapacitated and unable to request or obtain permission of the lessor to retain the property or that the property itself was in such a condition, through no fault of the defendant, that it could not be returned to the lessor within such time.
2. The rental agreement is a rental‑purchase agreement. For the purposes of this paragraph, "rental‑purchase agreement" means an agreement under which an individual may use personal property for personal, family or household purposes for an initial rental period and that both:
(a) Is automatically renewable with each payment after the initial rental period.
(b) Allows the individual to become the owner of the property.
E. Unlawful failure to return rented or leased property if the property is a motor vehicle is a class 5 felony. In all other cases, unlawful failure to return rented or leased property is a class 1 misdemeanor.