SLS 12RS-641 ENGROSSED Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2012 SENATE BILL NO. 203 BY SENATORS KOSTELKA, GUILLORY AND WHITE CRIME/PUNISHMENT. Provides relative to the crime of monetary instrument abuse. (gov sig) AN ACT1 To amend and reenact R.S. 14:72.2(A) and (C)(3)(a), relative to the crime of monetary2 instrument abuse; to provide that monetary instrument abuse includes the unlawful3 manufacture or transfer with intent to deceive of monetary instruments of the United4 States; to provide for definitions; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 14:72.2(A) and (C)(3)(a) are hereby amended and reenacted to read7 as follows: 8 ยง72.2. Monetary instrument abuse9 A. Whoever makes, issues, possesses, sells, or otherwise transfers a10 counterfeit or forged monetary instrument of the United States, a state, or a political11 subdivision thereof, or of an organization, with intent to deceive another person,12 shall be fined not more than one million dollars but not less than five thousand13 dollars and imprisoned, with or without hard labor, for not more than ten years but14 not less than six months, or both.15 * * *16 C. For purposes of this Section:17 SB NO. 203 SLS 12RS-641 ENGROSSED Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. * * *1 (3) "Monetary instrument" means:2 (a) A note, stock certificate, treasury stock certificate, bond, treasury bond,3 debenture, certificate of deposit, interest coupon, warrant, debit or credit instrument,4 access device or means of electronic fund transfer, United States currency, money5 order, bank check, teller's check, cashier's check, traveler's check, letter of credit,6 warehouse receipt, negotiable bill of lading, certificate of interest in or participation7 in any profit-sharing agreement, collateral-trust certificate, pre-organization8 certificate of subscription, transferable share, investment contract, voting trust9 certificate, or certificate of interest in tangible or intangible property.10 * * *11 Section 2. This Act shall become effective upon signature by the governor or, if not12 signed by the governor, upon expiration of the time for bills to become law without signature13 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14 vetoed by the governor and subsequently approved by the legislature, this Act shall become15 effective on the day following such approval.16 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Alden A. Clement, Jr. DIGEST Kostelka (SB 203) Present law provides that it is a crime to make, issue, possess, sell, or otherwise transfer a counterfeit or forged monetary instrument of a state or a political subdivision thereof, or of an organization, with intent to deceive another person. Present law provides that a person convicted of monetary instrument abuse is to be fined not more than $1,000,000 but not less than $5,000 and imprisoned, with or without hard labor, for not more than 10 years but not less than six months, or both. Present law defines a "monetary instrument" as a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, warrant, debit or credit instrument, access device or means of electronic fund transfer, money order, bank check, teller's check, cashier's check, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, certificate of interest in or participation in any profit- sharing agreement, collateral-trust certificate, pre-organization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property. Proposed law retains present law and adds credit instruments and United States currency to the definition of "monetary instrument". SB NO. 203 SLS 12RS-641 ENGROSSED Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 14:72.2(A) and (C)(3)(a))