05 HB236/AP
House
Bill 236 (AS PASSED HOUSE AND SENATE)
By:
Representatives Lane of the
158th,
Stephens of the
164th,
Barnard of the
166th,
and Burns of the
157th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia
Annotated, relating to theft, so as to provide for proof of intent to avoid
payment under certain circumstances; to provide for exceptions; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating
to theft, is amended by inserting immediately following Code Section 16-8-5 a
new Code section to read as follows:
"16-8-5.1.
The
trier of fact may infer that the accused intended to avoid payment due for the
rental or lease of any personal property in any prosecution pursuant to Code
Sections 16-8-2, relating to theft by taking, 16-8-3, relating to theft by
deception, 16-8-4, relating to theft by conversion, or 16-8-5, relating to theft
of services, if a person knowingly:
(1)
Used false identification;
(2)
Provided false information on a written contract;
(3)
Made, drew, uttered, executed, or delivered an instrument for the payment of
money on any bank or other depository in exchange for present consideration,
knowing that it would not be honored by the drawee;
(4)
Abandoned any property at a location that is not the location agreed upon for
return and that would not be reasonably known to the owner;
(5)
Returned any property to a location that would not reasonably be known to the
owner without notifying the owner; or
(6)
Returned any property at a time beyond posted business hours of the
owner.
No
person shall be convicted under Code Sections 16-8-2, relating to theft by
taking, 16-8-3, relating to theft by deception, 16-8-4, relating to theft by
conversion, or 16-8-5, relating to theft of services, where there was an
agreement to delay payment for such property or services or the accused makes
payment in full within two business days after returning the property or
obtaining the
services."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.