The bill amends and reenacts several sections of Louisiana's law regarding access device fraud, specifically R.S. 14:70.4(D) through (G), and introduces a new section, R.S. 14:70.4(H). Key changes include the addition of gift cards to the definition of "access device," along with a specific definition of what constitutes a gift card. The bill stipulates that possessing fifteen or more counterfeit or misappropriated access devices with the intent to defraud is a criminal offense. It also clarifies the penalties associated with various levels of misappropriation, ranging from imprisonment and fines based on the value of the misappropriated items.
Additionally, the bill mandates that courts order restitution as part of the sentencing for access device fraud, aligning with the provisions of Code of Criminal Procedure Article 883.2. The language regarding restitution has been revised to ensure it includes payment for costs incurred by the victim due to the defendant's actions. Overall, the bill aims to strengthen the legal framework surrounding access device fraud and enhance protections for victims.
Statutes affected: SB38 Enrolled: 14:4(D)
SB38 Act : 14:4(D)