HOUSE AMENDMENT

                                                  Bill No. HB 1317

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  The Committee on Crime & Punishment offered the following:

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13         Amendment (with title amendment) 

14         On page 3, line(s) 10-26,

15  remove from the bill:  all of said lines

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17  and insert:

18         (a)  In prosecutions under this section, obtaining

19  fraudulent intent may be inferred from proof that the property

20  or equipment under was obtained by false pretenses; by

21  absconding without payment or offering to pay any outstanding

22  balance; or by surreptitiously removing or attempting to

23  remove the property or equipment from the county, without the

24  express written consent of the lessor, shall be prima facie

25  evidence of such fraudulent intent.

26         (b)  In prosecutions under subsection (3), failure to

27  redeliver the property or equipment upon demand made in person

28  or by certified mail shall be prima facie evidence of such

29  fraudulent intent.

30         (c)  In prosecutions under subsection (3), failure to

31  pay any amounts due for the full rental period, including

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    File original & 9 copies    04/17/97
    hcp0004                     08:51 am         01317-cp  -812087




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1317

    Amendment No. 1 (for drafter's use only)





 1  reasonable costs for damage to the property or equipment not

 2  to exceed the cost of repair or replacement, whichever is

 3  less, upon demand made in person or by certified mail shall be

 4  prima facie evidence of such fraudulent intent.

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 7  ================ T I T L E   A M E N D M E N T ===============

 8  And the title is amended as follows:

 9         On page 1, line(s) 21,

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11  after "costs", insert:  not to exceed cost for replacement

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    File original & 9 copies    04/17/97
    hcp0004                     08:51 am         01317-cp  -812087