This bill amends the Anti-Skimming Act in Louisiana, specifically targeting offenses related to the unauthorized use of payment card information. Key definitions are updated, including the terms "re-encoder" and "scanning device," which now explicitly reference both microchips and magnetic strips of payment cards. The bill clarifies that it is unlawful to use these devices to access or re-encode information without the authorized user's permission and with the intent to defraud. Additionally, a new provision is added that makes it illegal to possess a re-encoder or scanning device with fraudulent intent.
The penalties for violations are also revised, with a second or subsequent conviction resulting in imprisonment for a minimum of one year and a maximum of ten years, along with potential fines up to twenty thousand dollars. Furthermore, the bill mandates that individuals convicted under this section must make full restitution to victims of their offenses, aligning with the Code of Criminal Procedure. The previous provisions regarding indigent defendants and their ability to make restitution have been removed, streamlining the restitution process.
Statutes affected: HB211 Original: 14:4(B)(4)
HB211 Engrossed: 14:4(B)(4)
HB211 Enrolled: 14:4(B)(4)
HB211 Act : 14:4(B)(4)