Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 477 3
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By: Senator G. Stubblefield 5
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For An Act To Be Entitled 8
AN ACT TO CREATE THE OFFENSE OF THEFT OF EQUIPMENT 9
RENTAL SERVICES; AND FOR OTHER PURPOSES. 10
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Subtitle 13
TO CREATE THE OFFENSE OF THEFT OF 14
EQUIPMENT RENTAL SERVICES. 15
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
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SECTION 1. Arkansas Code Title 5, Chapter 36, Subchapter 1, is amended 19
to add an additional section to read as follows: 20
5-36-127. Theft of Equipment Rental Services. 21
(a) As used in this section, "equipment rental service" means the 22
commercial service of providing equipment for rent or lease. 23
(b) A person commits the offense of theft of equipment rental services 24
if he or she knowingly: 25
(1) After the expiration of a lease or rental period, exercises 26
unauthorized control or otherwise deprives the lessor or renter of equipment 27
that is leased, rented, or entrusted to the person; or 28
(2) Causes damage to equipment that is leased, rented, or 29
entrusted to the person such that the equipment is not in a condition to be 30
provided for rent or lease without repair. 31
(c) It is a defense to prosecution under this section that the person 32
compensated the lessor or renter of the equipment for: 33
(1) The value of the equipment rental service for the time 34
between the expiration of the lease or rental period and the return of the 35
equipment to the lessor or renter; and 36 SB477
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(2) The value of any damage to the equipment. 1
(d) A violation of this section is a: 2
(1) Class B felony if the value of the equipment rental service 3
for the time between the expiration of the lease or rental period and the 4
return of the equipment, the damage to the equipment, or both, is twenty -five 5
thousand dollars ($25,000) or more; 6
(2) Class C felony if the value of the equipment rental service 7
for the time between the expiration of the lease or rental period and the 8
return of the equipment, the damage to the equipment, or both, is less than 9
twenty-five thousand dollars ($25,000) but more than five thousand dollars 10
($5,000); 11
(3) Class D felony if the value of the equipment rental service 12
for the time between the expiration of the lease or rental period and the 13
return of the equipment, the damage to the equipment, or both, is five 14
thousand dollars ($5,000) or less but more than one thousand dollars 15
($1,000); 16
(4) Class A misdemeanor if the value of the equipment rental 17
service for the time between the expiration of the lease or rental period and 18
the return of the equipment, the damage to the equipment, or both, is one 19
thousand dollars ($1,000) or less. 20
(e) In addition to any other sentence authorized by law, the court 21
shall order a person convicted of theft of rental services to pay restitution 22
to the lessor or renter of the equipment for the value of the equipment 23
rental service for the time between the expiration of the lease or rental 24
period and the return of the equipment and any damage to the equipment. 25
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