Bill Text: VA HB73 | 2014 | Regular Session | Prefiled
Bill Title: Personal property; fraudulent conversion of leased property, restitution.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-20 - Incorporated by Courts of Justice [HB73 Detail]
Download: Virginia-2014-HB73-Prefiled.html
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14100920D Be it enacted by the General Assembly of Virginia: 1. That §18.2-118 of the Code of Virginia is amended and reenacted as follows: §18.2-118. Fraudulent conversion or removal of leased personal property. A. Whenever any person is in possession or control of any personal property, by virtue of or subject to a written lease of such property, except property described in §18.2-117, and such person so in possession or control shall, with intent to defraud, sell, secrete, or destroy the property, or dispose of the property for his own use, or fraudulently remove the same from the Commonwealth without the written consent of the lessor thereof, or fail to return such property to the lessor thereof within 30 days after expiration of the lease or rental period for such property stated in such written lease, he shall be deemed guilty of the larceny thereof. B. The fact that such person signs the lease or rental agreement with a name other than his own, presents to the lessor identification documents or identifying information of another person or a false or fictitious person, or fails to return such property to the lessor thereof within 30 days after the giving of written notice to such person that the lease or rental period for such property has expired, shall be prima facie evidence of intent to defraud. For purposes of this section, notice mailed by certified mail and addressed to such person at the address of the lessee stated in the lease, shall be sufficient giving of written notice under this section. C. The venue of prosecution under this section shall be the county or city in which such property was leased or in which such accused person last had a legal residence. D. The court shall order a person found guilty of an offense under this section to make restitution as the court deems appropriate to the lessor. Such restitution may include the cost of repairing or replacing and any loss of revenue resulting from the fraudulent conversion of such property. |
