PA 06-118—sHB 5611
Judiciary Committee
AN ACT CONCERNING THE FAILURE TO RETURN RENTAL PROPERTY
SUMMARY: This act makes changes to two crimes regarding rented or leased property. It (1) modifies an element of the crime of conversion of leased property (a type of larceny) and excludes personal property rented or leased under consumer rent-to-own agreements from the types of property subject to its penalties and (2) adds a definition of economic loss to the crime of 2nd degree criminal trover.
EFFECTIVE DATE: October 1, 2006
CONVERSION OF LEASED PROPERTY
The act excludes personal property rented or leased under consumer rent-to-own agreements from the types of personal property subject to criminal penalties for the crime of “conversion of leased property. ” By law, a person commits this crime if he (1) rents or leases the property under a written agreement to return it to a particular place at a particular time; (2) intends to convert the property to his own or another's use; (3) sells, conveys, conceals, or aids in concealing the property; and (4) fails to return it to the agreed place or other place of business within 192 hours (eight days) after the lessor sends a written demand by registered or certified mail to the address on the agreement or a more recent address known to the lessor.
The act also modifies the elements of this crime by specifying that acknowledgement of receipt of the demand is not necessary to show that the 192 hours have passed.
By law, conversion of leased personal property is a form of larceny. The punishment for larceny depends on the value of the property taken, ranging from a class C misdemeanor when the value of the property is up to $250 to a class B felony when the value of the property is over $10,000 (see Table on Penalties).
2ND DEGREE CRIMINAL TROVER
By law, someone commits the crime of “criminal trover in the 2nd degree” when, knowing he is not licensed or privileged to do so, he uses another's personal property without consent and damages or diminishes its value or causes economic loss, fine, or penalty. The act provides that “economic loss” includes situations in which:
1. a property owner is in the business of renting or leasing personal property,
2. the person who rented or leased the property did so under a written agreement requiring its return at a specified time,
3. the person does not return it within 120 hours after the owner sends a written demand for return of the property by registered mail to the person's address in the agreement unless a most recent address is known (acknowledgement of the receipt of the demand is not necessary to show that 120 hours have passed),
4. the owner suffers over $500 of uncompensated economic loss, and
5. the property is not rented or leased for personal or household purposes or under a consumer rent-to-own agreement.
By law, 2nd degree criminal trover is a class A misdemeanor (see Table on Penalties).
OLR Tracking: CR: JK: JSL: DW