SSHB851 4274 4922
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 851 2024 Regular Session Phelps
CRIME: Creates the crime of tax lien property fraud
Synopsis of Senate Amendments
1.Makes technical changes.
2.Updates terminology within proposed law to include tax lien certificates.
3.Defines the terms "delinquent obligation" and "tax sale certificate".
Digest of Bill as Finally Passed by Senate
Proposed law provides that it is unlawful for any person, in connection with the issuance of
a tax sale certificate, tax lien certificate, or tax sale title to the property pursuant to present
law to knowingly do any of the following:
(1)Employ a device, scheme, or artifice with intent to defraud the tax debtor.
(2)Make an untrue statement of material fact with intent to defraud the tax debtor.
(3)Receive any portion of the monies, funds, credits, assets, securities, or other property
of the tax debtor in connection with the purchase of tax sale property or a delinquent
obligation evidenced by a tax lien certificate.
Proposed law provides for a penalty of imprisonment, with or without hard labor, for not
more than two years, or a fine of not more than $5,000, or both.
Proposed law provides that in addition to the penalties provided in proposed law, a person
convicted under proposed law shall forfeit all rights and claims to possession of the
delinquent obligation, tax lien certificate, tax sale certificate, or tax sale title to the property
and shall be ordered to make full restitution to the victim and any other person who has
suffered a financial loss as a result of the offense.
Proposed law provides that if a person ordered to make restitution pursuant to proposed law
is found to be indigent and 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.
Proposed law defines the terms "delinquent obligation", "person", "tax debtor", "tax sale
certificate", "tax sale property", and "tax sale title".
Proposed law provides for a statement of legislative intent.
(Adds R.S. 14:71.3.1)
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