SSHB247 4145 5019
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 247 2024 Regular Session Echols
UNEMPLOYMENT COMP: Provides relative to criminal penalties for accepting
overpayment of unemployment benefits
Synopsis of Senate Amendments
1.Provides for a burden of proof that an overpayment was obtained by fraud or
false pretenses in order for it to be considered a crime of theft.
Digest of Bill as Finally Passed by Senate
Present law provides for the payment of unemployment benefits to persons qualifying for
such benefits.
Present law provides that an individual shall be disqualified for benefits for the week, or a
fraction thereof, with respect to which he makes a false statement or representation knowing
it to be false, or knowingly fails to disclose a material fact in obtaining or increasing benefits,
whether or not he is successful in obtaining or increasing benefits, or otherwise due to his
fraud receives any amount as benefits under present law to which he was not entitled, for the
remainder of the benefit year subsequent to the commission of the fraudulent act and
continuing for the 52 weeks which immediately follow the week in which such determination
was made.
Proposed law removes the 52-week disqualification period and, instead, provides that the
individual shall be disqualified until the benefits obtained plus any penalty imposed in
accordance with R.S. 23:1714 are repaid, or until 10 years have elapsed from the date of
disqualification.
Proposed law provides that in all overpayments involving $1000 or more of benefits obtained
as a result of fraud, as defined in present law (R.S. 23:1601(8)), the administrator shall refer
all information relating to the overpayment and claimant to the office of the district attorney
in which the claimant resides.
Proposed law further provides that acceptance of such overpayment shall be considered a
crime of theft under present law (R.S. 14:67), if there is proof beyond a reasonable doubt that
the overpayment was obtained by fraud or false pretenses.
Proposed law provides that neither a criminal referral or conviction is necessary for the
administrator to assess any civil penalty.
Effective Dec. 31, 2024.
(Amends R.S. 23:1601(8); Adds R.S. 23:1714(D))
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