HLS 23RS-394 ORIGINAL 2023 Regular Session HOUSE BILL NO. 94 BY REPRESENTATIVE BACALA Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CRIME/THEFT: Provides relative to theft of automated teller machines 1 AN ACT 2To enact R.S. 14:67.13, relative to theft; to create the crime of theft of an automated teller 3 machine; to provide for a definition; to provide for criminal penalties; and to provide 4 for related matters. 5Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 14:67.13 is hereby enacted to read as follows: 7 ยง67.13. Theft of an automated teller machine 8 A. Theft of an automated teller machine is the misappropriation or taking of 9 an automated teller machine which belongs to another, either without the consent of 10 the other to the misappropriation or taking, or by means of fraudulent conduct, 11 practices, or representations with the intent to deprive the owner permanently of the 12 automated teller machine. 13 B. For purposes of this Section, "automated teller machine" means an 14 electronic information processing device located in this state which accepts or 15 dispenses cash in connection with an account or credit card. 16 C. Whoever commits the crime of theft of an automated teller machine shall 17 be imprisoned with or without hard labor for not less than five years nor more than 18 ten years, and may, in addition, be required to pay a fine equal to the total amount 19 of money contained in the automated teller machine at the time of the commission 20 of the offense and any damages that result from the offense. Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-394 ORIGINAL HB NO. 94 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)] HB 94 Original 2023 Regular Session Bacala Abstract: Creates the crime of theft of an automated teller machine and provides for criminal penalties. Proposed law creates the crime of theft of an automated teller machine and defines the crime as the misappropriation or taking of an automated teller machine which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations with the intent to deprive the owner permanently of the machine. Proposed law defines "automated teller machine" as an electronic information processing device which accepts or dispenses cash in connection with an account or credit card. Proposed law provides that whoever commits the proposed law crime shall be imprisoned with or without hard labor for not less than five years nor more than 10 years and may, in addition, be required to pay a fine equal to the total amount of money contained in the automated teller machine at the time of the commission of the offense and any damages that result from the offense. (Adds R.S. 14:67.13) Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions.