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," which now encompasses a broader range of items that can be misappropriated, including gift cards and related account information. The bill also establishes a clear definition of a gift card as a prepaid card redeemable for goods or services, specifying its value based on either the maximum face value or the actual funds deposited at the time of purchase.

Furthermore, the bill outlines penalties for access device fraud based on the value of the misappropriated items, with imprisonment terms and fines adjusted accordingly. Notably, the requirement for restitution has been clarified, mandating that courts order restitution in accordance with Code of Criminal Procedure Article 883.2, which includes compensation for costs incurred by victims. Overall, the bill aims to strengthen the legal framework surrounding access device fraud and enhance protections for consumers against such crimes.

Statutes affected:
SB38 Enrolled: 14:4(D)
SB38 Act : 14:4(D)