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.