HLS 23RS-394 ENGROSSED
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 or criminal access of automated teller machines
1 AN ACT
2To enact R.S. 14:67.13, relative to theft; to create the crime of theft or criminal access of an
3 automated teller machine; to provide for a definition; to provide for criminal
4 penalties; and to provide 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 or criminal access of an automated teller machine
8 A.(1) Theft of an automated teller machine is the misappropriation or taking
9 of an automated teller machine which belongs to another, either without the consent
10 of 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 (2) Criminal access of an automated teller machine is the intentional
14 destroying, damaging, impairing, tampering with, or otherwise rendering inoperable
15 of an automated teller machine belonging to another with the intent to steal currency
16 or personal financial information of another, regardless of the pecuniary loss.
17 B. For purposes of this Section, "automated teller machine" means an
18 electronic information processing device located in this state which accepts or
19 dispenses cash in connection with an account or credit card.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-394 ENGROSSED
HB NO. 94
1 C. Whoever violates the provisions of this Section shall be imprisoned with
2 or without hard labor for not less than five years nor more than ten years, and may,
3 in addition, be required to pay a fine equal to the total amount of money contained
4 in the automated teller machine at the time of the commission of the offense and any
5 damages that result from the offense.
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 Engrossed 2023 Regular Session Bacala
Abstract: Creates the crime of theft or criminal access of an automated teller machine and
provides for criminal penalties.
Proposed law creates the crime of theft or criminal access of an automated teller machine.
Proposed law provides that theft of an automated teller machine is 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 provides that criminal access of an automated teller machine is the intentional
destroying, damaging, impairing, tampering with, or otherwise rendering inoperable of an
automated teller machine belonging to another with the intent to steal currency or personal
financial information of another, regardless of the pecuniary loss.
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)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Provide for the action of criminal access of an automated teller machine and
define criminal access of an automated teller machine.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.