ENROLLED
ACT No. 21
2024 Regular Session
HOUSE BILL NO. 211
BY REPRESENTATIVES VILLIO, ADAMS, BILLINGS, CARLSON, COX, DAVIS,
DEWITT, EDMONSTON, EGAN, FISHER, GLORIOSO, HORTON, JACKSON,
MIKE JOHNSON, OWEN, SCHLEGEL, TAYLOR, THOMPSON, WALTERS,
WILEY, AND ZERINGUE
1 AN ACT
2 To amend and reenact R.S. 14:67.4(B)(4) and (5), (C), (D)(3), and (E), relative to offenses
3 against property; to provide relative to the Anti-Skimming Act; to provide relative
4 to definitions; to provide relative to elements of the offense; to provide for penalties;
5 to provide relative to restitution; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:67.4(B)(4) and (5), (C), (D)(3), and (E) are hereby amended and
8 reenacted to read as follows:
9 ยง67.4. Anti-Skimming Act
10 * * *
11 B. As used in this Section the following terms have the following meanings:
12 * * *
13 (4) "Re-encoder" means an electronic device that places encoded information
14 from the microchip or magnetic strip or stripe of a payment card onto the microchip
15 or magnetic strip or stripe of a different payment card.
16 (5) "Scanning device" means a scanner, reader, or any other electronic
17 device that is used to access, read, scan, obtain, memorize, or store, temporarily or
18 permanently, information encoded on the microchip or magnetic strip or stripe of a
19 payment card.
20 C. It shall be unlawful for any person to do either any of the following:
21 (1) Use a scanning device to access, read, obtain, memorize, or store,
22 temporarily or permanently, information encoded on the microchip or magnetic strip
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 211 ENROLLED
1 or stripe of a payment card without the permission of the authorized user of the
2 payment card and with the intent to defraud the authorized user, the issuer of the
3 authorized user's payment card, or a merchant.
4 (2) Use a re-encoder to place information encoded on the microchip or
5 magnetic strip or stripe of a payment card onto the microchip or magnetic strip or
6 stripe of a different card without the permission of the authorized user of the card
7 from which the information is being re-encoded and with the intent to defraud the
8 authorized user, the issuer of the authorized user's payment card, or a merchant.
9 (3) Possess a re-encoder or scanning device with the intent to defraud.
10 D.
11 * * *
12 (3) Upon a third second or subsequent conviction of a violation of the
13 provisions of this Section, the offender shall be imprisoned, with or without hard
14 labor, for not less than one year nor more than ten years, or may and may be fined
15 not more than twenty thousand dollars, or both.
16 E. In addition to the penalties provided in Subsection D of this Section, a
17 person convicted under this Section shall be ordered to make full restitution to the
18 victim and any other person who has suffered a financial loss as a result of the
19 offense in accordance with Code of Criminal Procedure Article 883.2. If a person
20 ordered to make restitution pursuant to this Section is found to be indigent and
21 therefore unable to make restitution in full at the time of conviction, the court shall
order a periodic payment plan consistent with the person's financial ability.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.