hb236_LC_21_8029_a_2.html
05 LC 21 8029
House Bill 236
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

To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide that a rebuttable presumption that services, accommodations, entertainment, or the use of personal property which is available only for compensation was knowingly obtained by deception and with intent to avoid payment shall arise upon a showing that the person obtaining such services, accommodations, entertainment, or the use of personal property used false identification, provided false information on a written contract, made any payment with an insufficient check, or returned any personal property to a place, at a time, or in a manner other than as agreed upon; 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 striking in its entirety Code Section 16-8-5, relating to theft of services, and inserting in lieu thereof the following:
"16-8-5.
(a) A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation.
(b) A rebuttable presumption that services, accommodations, entertainment, or the use of personal property which is available only for compensation was knowingly obtained by deception and with intent to avoid payment shall arise upon a showing that the person obtaining such services, accommodations, entertainment, or the use of personal property:
(1) Used false identification;
(2) Provided substantially false information on a written contract;

(3) Made any payment with any check or draft made payable at sight, on demand, or on a date not subsequent to the date when the same was drawn, which check or draft payment was refused on presentation; or
(4) Returned any personal property to a place, at a time, or in a manner other than as provided in the contract or agreement with the lender or lessee of such personal property."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.