DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 417
Abstract: Creates the crime of residential contractor fraud and deletes provisions of law relating
to home improvement fraud.
Proposed law creates the crime of residential contractor fraud and defines it as the
misappropriation or intentional taking of anything of value which belongs to another either
without the consent of the other or by means of fraudulent conduct, practices, or representations
by a person who has contracted or subcontracted to perform any home improvement or
residential construction. Provides for actions which may be inferred as a misappropriation or
intentional taking.
Proposed law defines "home improvement or residential construction".
Proposed law requires the payment of restitution and provides for the following criminal
penalties:
(1)A fine of not more than $1,000, imprisonment for not more than six months, or both
when the misappropriation or taking amounts to a value of less than $500.
(2)A fine of not more than $2,000, imprisonment with or without hard labor for not more
than five years, or both when the misappropriation or taking amounts to a value of $500
or more, but less than $1,500.
(3)A fine of not more than $3,000, imprisonment with or without hard labor for not more
than 10 years, or both when the misappropriation or taking amounts to a value of $1,500
or more.
(Amends R.S. 14:202.1)