As Amended by House Commettee

          Session of 1998
By Committee on Judiciary
          10             AN ACT concerning crimes and punishment; relating to prima facie ev-
11             idence of intent to permanently deprive; amending K.S.A. 21-3702 and
12             K.S.A.   1996 1997 Supp. 22-2512 and repealing the existing sections.
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 21-3702 is hereby amended to read as follows:
16       21-3702. (a) In any prosecution under this article, the following shall be
17       prima facie evidence of intent to permanently deprive the owner or lessor
18       of property of the possession, use or benefit thereof:
19           (1) The giving of a false identification or fictitious name, address or
20       place of employment at the time of obtaining control over the property;
21           (2) the failure of a person who leases or rents personal property to
22       return the same within 10 days after the date set forth in the lease or
23       rental agreement for the return of the property, if notice is given to the
24       person renting or leasing the property to return the property within seven
25       days after receipt of the notice, in which case the subsequent return of
26       the property within the seven-day period shall exempt such transaction
27       from consideration as prima facie evidence as provided in this section.
28       Where the leased or rented personal property is a motor vehicle, if the
29       motor vehicle has not been returned within seven days after the receipt
30       of the notice, the lessor may notify the local law enforcement agency of
31       the failure of the lessee to return such motor vehicle, and the local law
32       enforcement agency shall cause such motor vehicle to be put into any
33       appropriate local, state and national computer system listing stolen motor
34       vehicles. Any law enforcement officer who stops such a motor vehicle may
35       seize the motor vehicle and notify the lessor that the lessor may recover
36       such motor vehicle after it is photographed and its vehicle identification
37       number is recorded for evidentiary purposes;
38           (3) destroying, breaking or opening a lock, chain, key switch, enclo-
39       sure or other device used to secure the property in order to obtain control
40       over the property; or
41           (4) destruction of or substantially damaging or altering the property
42       so as to make the property unusable or unrecognizable in order to obtain
43       control over the property.

HB 2231--Am.


  1           (b) In any prosecution for a misdemeanor under K.S.A. 21-3701 and
  2       amendments thereto in which the object of the alleged theft is a book or
  3       other material borrowed from a library, it shall be prima facie evidence
  4       of intent to permanently deprive the owner of the possession, use or
  5       benefit thereof if the defendant failed to return such book or material
  6       within 30 days after receiving notice from the library requesting its return,
  7       in which case the subsequent return of the book or material within the
  8       30-day period shall exempt such transaction from consideration as prima
  9       facie evidence as provided in this section.
10           (c) The word ``notice'' as used herein shall be construed to mean
11       notice in writing and such notice in writing will be presumed to have been
12       given three days following deposit of the notice as registered or certified
13       matter in the United States mail, addressed to such person who has leased
14       or rented the personal property or borrowed the library material at the
15       address as it appears in the information supplied by such person at the
16       time of such leasing, renting or borrowing, or to such person's last known
17       address.
18           Sec. 2. K.S.A.   1996 1997 Supp. 22-2512 is hereby amended to read
19       as follows: 22-2512. (1) Property seized under a search warrant or validly
20       seized without a warrant shall be safely kept by the officer seizing the
21       same unless otherwise directed by the magistrate, and shall be so kept as
22       long as necessary for the purpose of being produced as evidence on any
23       trial. Except as provided in K.S.A. 21-3702, and amendments thereto, the
24       property seized may not be taken from the officer having it in custody so
25       long as it is or may be required as evidence in any trial. The officer seizing
26       the property shall give a receipt to the person detained or arrested par-
27       ticularly describing each article of property being held and shall file a
28       copy of such receipt with the magistrate before whom the person detained
29       or arrested is taken. Where seized property is no longer required as ev-
30       idence in the prosecution of any indictment or information, the court
31       which has jurisdiction of such property may transfer the same to the
32       jurisdiction of any other court, including courts of another state or federal
33       courts, where it is shown to the satisfaction of the court that such property
34       is required as evidence in any prosecution in such other court.
35           (2) When property seized is no longer required as evidence, it shall
36       be disposed of as follows:
37           (a) Property stolen, embezzled, obtained by false pretenses, or oth-
38       erwise obtained unlawfully from the rightful owner thereof shall be re-
39       stored to the owner;
40           (b) money shall be restored to the owner unless it was contained in
41       a slot machine or otherwise used in unlawful gambling or lotteries, in
42       which case it shall be forfeited, and shall be paid to the state treasurer
43       pursuant to K.S.A. 20-2801, and amendments thereto;

HB 2231--Am.


  1           (c) property which is unclaimed or the ownership of which is un-
  2       known shall be sold at public auction to be held by the sheriff and the
  3       proceeds, less the cost of sale and any storage charges incurred in pre-
  4       serving it, shall be paid to the state treasurer pursuant to K.S.A. 20-2801,
  5       and amendments thereto;
  6           (d) articles of contraband shall be destroyed, except that any such
  7       articles the disposition of which is otherwise provided by law shall be
  8       dealt with as so provided and any such articles the disposition of which
  9       is not otherwise provided by law and which may be capable of innocent
10       use may in the discretion of the court be sold and the proceeds disposed
11       of as provided in subsection (2)(b);
12           (e) firearms, ammunition, explosives, bombs and like devices, which
13       have been used in the commission of crime, may be returned to the
14       rightful owner, or in the discretion of the court having jurisdiction of the
15       property, destroyed or forfeited to the Kansas bureau of investigation as
16       provided in K.S.A. 21-4206 and amendments thereto;
17           (f) controlled substances forfeited under the uniform controlled sub-
18       stances act shall be dealt with as provided under K.S.A. 60-4101 through
19       60-4126 and amendments thereto;
20           (g) unless otherwise provided by law, all other property shall be dis-
21       posed of in such manner as the court in its sound discretion shall direct.
22           Sec. 3. K.S.A. 21-3702 and K.S.A.   1996 1997 Supp. 22-2512 are
23       hereby repealed.
24           Sec. 4. This act shall take effect and be in force from and after its
25       publication in the statute book.