CHAPTER 260

FORMERLY

HOUSE BILL NO. 278

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SUBPART D, SUBCHAPTER III, CHAPTER 5, TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT AND RELATED OFFENSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 849(a) of Title 11, Delaware Code, by deleting said subsection in its entirety and inserting in lieu thereof the following:

"(a) A person is guilty of theft of rental property if the person, with the intent specified in § 841 of this title, takes, destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat, false token, false representation or statement, or by any trick, contrivance or other device to avoid payment for or to otherwise appropriate rental property entrusted to said person. For purposes of this section, 'property' shall include the use of vehicles or other movable property."

Section 2. Amend § 849(6) by redesignating existing subsection (2) thereof as subsection

(3).

Section 3. Further amend § 849(b) by adding thereto a new subsection (2) to read as follows:

"That one who has leased or rented the personal property of another and has returned such property, failed to make payment, at the agreed rental rate, for the full period which the property was rented or leased , except when said person has a good faith dispute with the owner of the rental property as to whether any payment, or additional payment, is due to the owner of the rental property; and/or".

Approved July 19, 1995